SF 1907

2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for environmental, 
  1.4             natural resource, and agricultural purposes; providing 
  1.5             for regulation of certain activities and practices; 
  1.6             providing for accounts, assessments, and fees; 
  1.7             amending Minnesota Statutes 1996, sections 17.03, by 
  1.8             adding a subdivision; 17.101; 17.116, subdivisions 2 
  1.9             and 3; 17.4988; 17.76; 18.79, by adding a subdivision; 
  1.10            18C.421, subdivisions 1 and 4; 18C.425, subdivisions 
  1.11            1, 2, 3, and 6; 18C.531, subdivision 2; 18C.551; 
  1.12            25.31; 25.32; 25.33, subdivisions 1, 5, 6, 9, 20, and 
  1.13            by adding subdivisions; 25.35; 25.36; 25.37; 25.38; 
  1.14            25.39; 25.41, subdivision 6; 28A.08, subdivision 3; 
  1.15            32.103; 32.394, subdivision 8d; 35.71, subdivision 5; 
  1.16            35.824; 41A.09, subdivision 3a; 84.027, by adding a 
  1.17            subdivision; 84.0273; 84.82, subdivision 3; 85.015, by 
  1.18            adding a subdivision; 85.052, subdivision 3; 85.053, 
  1.19            subdivisions 1 and 4; 85.055, subdivision 1, and by 
  1.20            adding a subdivision; 88.79, by adding a subdivision; 
  1.21            92.06, subdivisions 1 and 4; 92.16, subdivision 1; 
  1.22            94.10, subdivision 2; 97A.015, by adding a 
  1.23            subdivision; 97A.028, subdivisions 1 and 3; 97A.075, 
  1.24            subdivision 1; 97A.405, subdivision 2; 97A.415, 
  1.25            subdivision 2; 97B.667; 97B.715, subdivision 1; 
  1.26            97B.721; 97B.801; 97C.305, subdivision 1; 97C.501, 
  1.27            subdivision 2; 97C.801; 97C.835, by adding a 
  1.28            subdivision; 103F.378, subdivision 1; 115.03, by 
  1.29            adding a subdivision; 115A.54, subdivision 2a; 
  1.30            115A.932, subdivision 1; 115B.02, subdivision 16, and 
  1.31            by adding a subdivision; 115B.17, subdivisions 14, 15, 
  1.32            and by adding subdivisions; 115B.175, subdivisions 2 
  1.33            and 6a; 115B.412, subdivision 10; 115B.48, 
  1.34            subdivisions 3 and 8; 115B.49, subdivision 4; 116.07, 
  1.35            subdivisions 4d and 7; 116.92, by adding a 
  1.36            subdivision; 116C.834, subdivision 2; 116O.09, 
  1.37            subdivisions 2, 5, and 9; 216B.2423, by adding a 
  1.38            subdivision; 216C.41, subdivision 1; 223.17, 
  1.39            subdivision 3; 236.02, subdivisions 1 and 2; 300.11, 
  1.40            by adding a subdivision; 308A.101, by adding a 
  1.41            subdivision; 308A.201, by adding a subdivision; 
  1.42            347.33, subdivision 3; 394.25, subdivision 2, and by 
  1.43            adding a subdivision; 446A.02, subdivision 6; 462.357, 
  1.44            subdivision 1; 477A.12; and 477A.14; Laws 1995, 
  1.45            chapter 220, section 19, subdivisions 4, as amended, 
  1.46            and 11; and Laws 1996, chapter 463, section 7, 
  2.1             subdivision 24; proposing coding for new law in 
  2.2             Minnesota Statutes, chapters 17; 25; 92; 94; 115; and 
  2.3             116; repealing Minnesota Statutes 1996, sections 
  2.4             25.34; 115A.908, subdivision 3; 115A.9523; 115B.223; 
  2.5             115B.224; 116.991; 116.992; and 296.02, subdivision 
  2.6             7a; Laws 1995, chapter 220, section 21. 
  2.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.8   Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  2.9      The sums shown in the columns marked "APPROPRIATIONS" are 
  2.10  appropriated from the general fund, or another fund named, to 
  2.11  the agencies and for the purposes specified in this act, to be 
  2.12  available for the fiscal years indicated for each purpose.  The 
  2.13  figures "1997," "1998," and "1999," where used in this act, mean 
  2.14  that the appropriation or appropriations listed under them are 
  2.15  available for the year ending June 30, 1997, June 30, 1998, or 
  2.16  June 30, 1999, respectively.  
  2.17                          SUMMARY BY FUND
  2.18               1997        1998           1999          TOTAL
  2.19  General   $500,000    $176,944,000   $171,785,000  $349,229,000
  2.20  Petroleum Tank           3,335,000      3,385,000     6,720,000
  2.21  State Government
  2.22  Special Revenue             42,000         43,000        85,000
  2.23  Special Revenue         11,433,000     11,438,000    22,871,000
  2.24  Environmental           21,221,000     22,270,000    43,491,000
  2.25  Metro Landfill 
  2.26  Contingency Trust          137,000        140,000       277,000
  2.27  Solid Waste              6,376,000      6,526,000    12,902,000
  2.28  Natural Resources       23,417,000     23,615,000    47,032,000
  2.29  Natural
  2.30  Resources   600,000     23,417,000     23,615,000    47,032,000
  2.31  Game and Fish           53,239,000     54,726,000   107,965,000
  2.32  Minnesota      
  2.33  Future Resources        14,664,000        -0-        14,664,000
  2.34  Environmental Trust     23,120,000        -0-        23,120,000
  2.35  Great Lakes  
  2.36  Protection                 120,000        -0-           120,000 
  2.37  Oil Overcharge             150,000        -0-           150,000
  2.38  TOTAL    1,100,000     334,198,000    293,928,000   629,226,000
  2.39                                             APPROPRIATIONS 
  2.40                                         Available for the Year 
  2.41                                             Ending June 30 
  2.42                                            1998         1999 
  3.1   Sec. 2.  POLLUTION CONTROL    
  3.2   AGENCY  
  3.3   Subdivision 1.  Total           
  3.4   Appropriation                         44,542,000     42,971,000
  3.5                 Summary by Fund
  3.6   General                               14,346,000     11,539,000
  3.7   Petroleum Tank                         3,335,000      3,385,000
  3.8   State Government Special Revenue          42,000         43,000
  3.9   Special Revenue                          740,000        755,000
  3.10  Environmental                         19,666,000     20,683,000
  3.11  Metro Landfill Contingency               137,000        140,000
  3.12  Solid Waste                            6,276,000      6,426,000
  3.13  The amounts that may be spent from this 
  3.14  appropriation for each program are 
  3.15  specified in the following subdivisions.
  3.16  Subd. 2.  Protection of the Water 
  3.17      14,101,000     11,422,000
  3.18                Summary by Fund
  3.19  General              11,215,000     8,475,000
  3.20  State Governmental
  3.21  Special Revenue          42,000        43,000
  3.22  Environmental         2,844,000     2,904,000
  3.23  $1,946,000 the first year is for grants 
  3.24  to local units of government for the 
  3.25  clean water partnership program.  Any 
  3.26  unencumbered balance remaining in the 
  3.27  first year does not cancel and is 
  3.28  available for the second year of the 
  3.29  biennium. 
  3.30  $515,000 the first year and $519,000 
  3.31  the second year are for the Minnesota 
  3.32  River nonpoint source pollution program 
  3.33  and must be matched by federal dollars. 
  3.34  Of this amount, $855,000 in each fiscal 
  3.35  year is for grants for county 
  3.36  administration of the feedlot permit 
  3.37  program.  This amount is transferred to 
  3.38  the board of water and soil resources 
  3.39  for disbursement in accordance with 
  3.40  Minnesota Statutes, section 103B.3369, 
  3.41  in cooperation with the pollution 
  3.42  control agency.  Grants must be matched 
  3.43  with a combination of local cash and/or 
  3.44  in-kind contributions.  Counties 
  3.45  receiving these grants shall submit an 
  3.46  annual report to the pollution control 
  3.47  agency regarding activities conducted 
  3.48  under the grant, expenditures made, and 
  3.49  local match contributions.  First 
  3.50  priority for funding shall be given to 
  3.51  counties that have requested and 
  4.1   received delegation from the pollution 
  4.2   control agency for processing of animal 
  4.3   feedlot permit applications under 
  4.4   Minnesota Statutes, section 116.07, 
  4.5   subdivision 7.  Delegated counties 
  4.6   shall be eligible to receive a grant of 
  4.7   either:  $30 multiplied by the number 
  4.8   of livestock or poultry farms with 
  4.9   sales greater than $10,000, as reported 
  4.10  in the 1992 Census of Agriculture, 
  4.11  published by the United States Bureau 
  4.12  of Census; or $35 multiplied by the 
  4.13  number of feedlots with greater than 
  4.14  ten animal units as determined by a 
  4.15  level 2 or level 3 feedlot inventory 
  4.16  conducted in accordance with the 
  4.17  Feedlot Inventory Guidebook published 
  4.18  by the board of water and soil 
  4.19  resources, dated June 1991.  To receive 
  4.20  the additional funding that is based on 
  4.21  the county feedlot inventory, the 
  4.22  county shall submit a copy of the 
  4.23  inventory to the pollution control 
  4.24  agency.  Any remaining money is for 
  4.25  distribution to all counties on a 
  4.26  competitive basis through the challenge 
  4.27  grant process for the conducting of 
  4.28  feedlot inventories, development of 
  4.29  delegated county feedlot programs, and 
  4.30  for information and education or 
  4.31  technical assistance efforts to reduce 
  4.32  feedlot-related pollution hazards.  Any 
  4.33  money remaining after the first year is 
  4.34  available for the second year. 
  4.35  $200,000 is for a grant to the Red 
  4.36  river basin board to develop a Red 
  4.37  river basin plan that will aid in 
  4.38  coordinating water management 
  4.39  activities in the states and provinces 
  4.40  bordering the Red river.  This 
  4.41  appropriation is only available to the 
  4.42  extent it is matched by an equal amount 
  4.43  from the state of North Dakota.  This 
  4.44  appropriation is available until June 
  4.45  30, 1999.  This appropriation is from 
  4.46  the base reduction in section 5, 
  4.47  subdivision 9.  This is a one-time 
  4.48  appropriation. 
  4.49  $111,000 the first year and $113,000 
  4.50  the second year are for the operation 
  4.51  of water quality monitoring stations. 
  4.52  $102,000 the first year and $104,000 
  4.53  the second year are for water quality 
  4.54  statistical analysis. 
  4.55  $1,312,000 the first year and 
  4.56  $1,038,000 the second year are for 
  4.57  water monitoring activities.  Of these 
  4.58  amounts, $550,000 the first year and 
  4.59  $300,000 the second year are for 
  4.60  payment of a grant to the metropolitan 
  4.61  council for monitoring of metro area 
  4.62  rivers and streams. 
  4.63  $273,000 the first year and $435,000 
  4.64  the second year are for community 
  4.65  technical assistance and education. 
  5.1   $200,000 the first year and $200,000 
  5.2   the second year are for individual 
  5.3   sewage treatment system (ISTS) 
  5.4   administration.  $86,000 each year is 
  5.5   transferred to the board of water and 
  5.6   soil resources for assistance to local 
  5.7   units of government through competitive 
  5.8   grant programs for ISTS program 
  5.9   development. 
  5.10  $214,000 is for administration of the 
  5.11  wastewater infrastructure fund (WIF) 
  5.12  construction program. 
  5.13  Notwithstanding Laws 1994, chapter 617, 
  5.14  section 3, paragraph (b), the amount 
  5.15  spent of the $120,000 appropriation 
  5.16  from the environmental fund for the 
  5.17  ISTS program during the biennium ending 
  5.18  June 30, 1995, must be reimbursed to 
  5.19  the environmental fund no later than 
  5.20  June 30, 1999. 
  5.21  $140,000 the first year and $60,000 the 
  5.22  second year are for the investigation 
  5.23  of deformed frogs in Minnesota, and may 
  5.24  be used for cooperative arrangements 
  5.25  with federal agencies. 
  5.26  Subd. 3.  Protection of the Air 
  5.27       7,810,000      8,573,000
  5.28                Summary by Fund
  5.29  Environmental         7,070,000     7,818,000
  5.30  Special Revenue         740,000       755,000
  5.31  Up to $150,000 in the first year and 
  5.32  $150,000 in the second year may be 
  5.33  transferred to the small business 
  5.34  environmental improvement loan account 
  5.35  established in Minnesota Statutes, 
  5.36  section 116.994. 
  5.37  $200,000 each year from the 
  5.38  environmental fund is for a monitoring 
  5.39  program under Minnesota Statutes, 
  5.40  section 116.454. 
  5.41  Upon enactment of the air quality fee 
  5.42  increase contained in Minnesota 
  5.43  Statutes, section 116.07, subdivision 
  5.44  4d, as amended by this act, the 
  5.45  commissioner shall appoint an advisory 
  5.46  task force to examine the air quality 
  5.47  program.  The task force must include 
  5.48  representatives of permittees regulated 
  5.49  by the agency and environmental 
  5.50  interest groups.  By August 15, 1998, 
  5.51  the committee shall report to the 
  5.52  chairs of the senate state government 
  5.53  finance committee, the house ways and 
  5.54  means committee, the house and senate 
  5.55  environmental policy committees, the 
  5.56  house environment and natural resources 
  5.57  finance committee, and the senate 
  5.58  environment and agriculture budget 
  5.59  division.  After making the report, the 
  5.60  task force shall be dissolved. 
  6.1   The report shall include a benchmarking 
  6.2   comparison with other states of the 
  6.3   following air quality service level 
  6.4   criteria: 
  6.5   (1) the length of time and staff effort 
  6.6   required to issue permits; 
  6.7   (2) the backlog of permit applications; 
  6.8   (3) the number of facility inspections 
  6.9   per inspector; and 
  6.10  (4) the nature and effectiveness of 
  6.11  training and monitoring programs. 
  6.12  In addition, the report shall include: 
  6.13  (1) a recommendation for a reporting 
  6.14  mechanism which provides tracking of 
  6.15  staff time and resources devoted to 
  6.16  point source, mobile source, and area 
  6.17  source general program activities; 
  6.18  (2) an analysis of inequities in the 
  6.19  current air emissions fee system; and 
  6.20  (3) recommendations regarding mobile 
  6.21  source, area source, and point source 
  6.22  contributions and general air program 
  6.23  activity. 
  6.24  Subd. 4.  Protection of the 
  6.25  Land 
  6.26      15,811,000     16,038,000
  6.27                Summary by Fund
  6.28  General               1,679,000     1,699,000
  6.29  Petroleum Tank        2,744,000     2,785,000
  6.30  Environmental         6,101,000     6,142,000
  6.31  Metro Landfill 
  6.32  Contingency             129,000       132,000
  6.33  Solid Waste           5,158,000     5,280,000
  6.34  If the account balance is sufficient, 
  6.35  up to $3,100,000 the first year and up 
  6.36  to $3,300,000 the second year are 
  6.37  transferred from the motor vehicle 
  6.38  transfer account in the environmental 
  6.39  fund to the environmental response, 
  6.40  compensation, and compliance account in 
  6.41  the environmental fund and is 
  6.42  appropriated as provided in this 
  6.43  subdivision. 
  6.44  $800,000 the first year and $600,000 
  6.45  the second year are transferred from 
  6.46  the motor vehicle account in the 
  6.47  environmental fund to the snowmobile 
  6.48  trails and enforcement account in the 
  6.49  natural resources fund. 
  6.50  All money in the environmental 
  6.51  response, compensation, and compliance 
  6.52  account in the environmental fund not 
  7.1   otherwise appropriated is appropriated 
  7.2   to the commissioners of the pollution 
  7.3   control agency and the department of 
  7.4   agriculture for purposes of Minnesota 
  7.5   Statutes, section 115B.20, subdivision 
  7.6   2, clauses (1), (2), (3), (4), (11), 
  7.7   (12), and (13).  At the beginning of 
  7.8   each fiscal year, the two commissioners 
  7.9   shall jointly submit an annual spending 
  7.10  plan to the commissioner of finance 
  7.11  that maximizes the utilization of 
  7.12  resources and appropriately allocates 
  7.13  the money between the two agencies.  
  7.14  This appropriation is available until 
  7.15  June 30, 1999. 
  7.16  Any unencumbered balance from the 
  7.17  metropolitan landfill contingency 
  7.18  action trust fund remaining in the 
  7.19  first year does not cancel but is 
  7.20  available for the second year. 
  7.21  $51,000 the first year and $52,000 the 
  7.22  second year are from the solid waste 
  7.23  fund for transfer to the commissioner 
  7.24  of revenue to enhance compliance and 
  7.25  collection of solid waste assessments. 
  7.26  The agency's annual performance reports 
  7.27  required for this biennium under 
  7.28  Minnesota Statutes, section 15.91, must 
  7.29  specify the amount of lead, mercury, 
  7.30  and cadmium contained in sewage 
  7.31  biosolids spread on the land after 
  7.32  wastewater treatment. 
  7.33  Subd. 5.  General Support 
  7.34       6,820,000      6,938,000
  7.35                Summary by Fund
  7.36  General               1,452,000     1,365,000
  7.37  Petroleum Tank          591,000       600,000
  7.38  Environmental         3,651,000     3,819,000
  7.39  Metro Landfill
  7.40  Contingency               8,000         8,000
  7.41  Solid Waste           1,118,000     1,146,000
  7.42  Sec. 3.  OFFICE OF ENVIRONMENTAL 
  7.43  ASSISTANCE                            20,497,000     20,595,000
  7.44                Summary by Fund
  7.45  General              19,211,000    19,277,000
  7.46  Environmental         1,286,000     1,318,000
  7.47  $14,008,000 the first year and 
  7.48  $14,008,000 the second year are for the 
  7.49  SCORE block grants to counties. 
  7.50  Any unencumbered grant and loan 
  7.51  balances in the first year do not 
  7.52  cancel but are available for grants and 
  7.53  loans in the second year. 
  8.1   All money in the metropolitan landfill 
  8.2   abatement account in the environmental 
  8.3   fund not otherwise appropriated is 
  8.4   appropriated to the office of 
  8.5   environmental assistance for the 
  8.6   purposes of Minnesota Statutes, section 
  8.7   473.844. 
  8.8   Sec. 4.  ZOOLOGICAL BOARD 
  8.9   Subdivision 1.  Total
  8.10  Appropriation                          5,545,000      5,368,000
  8.11  The amounts that may be spent from this 
  8.12  appropriation are specified in the 
  8.13  following subdivisions. 
  8.14  Subd. 2.  Biological Programs
  8.15       3,707,000      3,797,000 
  8.16  Subd. 3.  Operations
  8.17       4,879,000      4,692,000 
  8.18  $250,000 in the first year is for 
  8.19  computer systems.  
  8.20  Sec. 5.  NATURAL RESOURCES 
  8.21  Subdivision 1.  Total 
  8.22  Appropriation                        173,012,000    175,031,000
  8.23                Summary by Fund
  8.24  General              96,287,000    96,622,000
  8.25  Natural Resources    23,386,000    23,583,000
  8.26  Game and Fish        53,239,000    54,726,000
  8.27  Solid Waste             100,000       100,000
  8.28  The amounts that may be spent from this 
  8.29  appropriation for each program are 
  8.30  specified in the following subdivisions.
  8.31  Subd. 2.  Mineral Resources Management
  8.32       4,799,000      4,883,000
  8.33                Summary by Fund
  8.34  General               4,799,000     4,883,000
  8.35  $311,000 the first year and $311,000 
  8.36  the second year are for iron ore 
  8.37  cooperative research, of which $225,000 
  8.38  the first year and $225,000 the second 
  8.39  year are available only as matched by 
  8.40  $1 of nonstate money for each $1 of 
  8.41  state money.  Any unencumbered balance 
  8.42  remaining in the first year does not 
  8.43  cancel but is available for the second 
  8.44  year. 
  8.45  $376,000 the first year and $377,000 
  8.46  second year are for mineral 
  8.47  diversification.  Any unencumbered 
  8.48  balance remaining in the first year 
  8.49  does not cancel but is available for 
  9.1   the second year.  
  9.2   $46,000 the first year and $47,000 the 
  9.3   second year are for minerals 
  9.4   cooperative environmental research, of 
  9.5   which $30,000 the first year and 
  9.6   $30,000 the second year are available 
  9.7   only as matched by $1 of nonstate money 
  9.8   for each $1 of state money.  Any 
  9.9   unencumbered balance remaining in the 
  9.10  first year does not cancel but is 
  9.11  available for the second year. 
  9.12  Subd. 3.  Water Resources Management 
  9.13      10,192,000      9,550,000
  9.14                Summary by Fund
  9.15  General               9,941,000     9,294,000
  9.16  Natural Resources       251,000       256,000
  9.17  $95,000 the first year and $95,000 the 
  9.18  second year are for a grant to the 
  9.19  Mississippi headwaters board for up to 
  9.20  50 percent of the cost of implementing 
  9.21  the comprehensive plan for the upper 
  9.22  Mississippi within areas under its 
  9.23  jurisdiction.  
  9.24  $17,000 the first year and $17,000 the 
  9.25  second year are for payment to the 
  9.26  Leech Lake Band of Chippewa Indians to 
  9.27  implement its portion of the 
  9.28  comprehensive plan for the upper 
  9.29  Mississippi.  
  9.30  The outstanding balance of the loan to 
  9.31  the city of Fridley for reconstruction 
  9.32  of the Locke Lake dam, that was 
  9.33  appropriated in Laws 1991, chapter 254, 
  9.34  article 1, section 5, subdivision 3, is 
  9.35  canceled and forgiven. 
  9.36  $70,000 the first year is for a grant 
  9.37  to the city of Granite Falls, not to 
  9.38  exceed 50 percent of the nonfederal 
  9.39  share of costs for restoration of the 
  9.40  banks of the Minnesota river within the 
  9.41  city limits. 
  9.42  $15,000 the first year and $15,000 the 
  9.43  second year are for a grant to the 
  9.44  joint powers board established under 
  9.45  Minnesota Statutes, section 471.59, for 
  9.46  the Lewis and Clark rural water 
  9.47  system.  The joint powers board must 
  9.48  prepare an annual work plan that 
  9.49  identifies actions to be taken to 
  9.50  advance the Lewis and Clark project as 
  9.51  a continuing source of water to meet 
  9.52  water supply needs in the southwest 
  9.53  part of the state.  The work plan must 
  9.54  include a report on the ongoing efforts 
  9.55  of member cities and rural water 
  9.56  systems to conserve water and protect 
  9.57  existing groundwater supplies.  The 
  9.58  work plan is subject to review and 
  9.59  approval by the commissioner.  This 
  9.60  appropriation is available to the 
 10.1   extent matched by an equal amount of 
 10.2   nonstate money. 
 10.3   Notwithstanding Minnesota Statutes, 
 10.4   section 103G.271, subdivision 6, 
 10.5   paragraph (g), all water appropriation 
 10.6   fees collected from July 1, 1997, to 
 10.7   July 1, 1999, shall be deposited in the 
 10.8   general fund. 
 10.9   $100,000 is for a mediation process 
 10.10  regarding flood damage reduction issues 
 10.11  in the Red river basin.  The 
 10.12  commissioner, the Red River Watershed 
 10.13  Management Board, and additional 
 10.14  parties selected in an equal number by 
 10.15  the commissioner and by the board are 
 10.16  the parties to the mediation.  All 
 10.17  parties to the mediation must consent 
 10.18  to the expenditure of any funds by the 
 10.19  commissioner for the mediation process. 
 10.20  $50,000 of this appropriation is from 
 10.21  the base reduction in subdivision 9.  
 10.22  This is a one-time appropriation. 
 10.23  $190,000 is for a grant to the city of 
 10.24  East Grand Forks for a river bank 
 10.25  stabilization project on the Red River 
 10.26  of the North and the Red Lake river.  
 10.27  The appropriation is available until 
 10.28  June 30, 1999, to the extent matched by 
 10.29  an equal amount of nonstate money. 
 10.30  $376,000 is for a grant to the city of 
 10.31  Marshall for its flood control 
 10.32  project.  $70,000 is for the Lake 
 10.33  Charlotte project in Wright county.  
 10.34  Prior to these funds being made 
 10.35  available, the commissioner must ensure 
 10.36  that the project sponsor has held a 
 10.37  public hearing in each affected 
 10.38  watershed. 
 10.39  Subd. 4.  Forest Management 
 10.40      33,376,000     33,690,000
 10.41                Summary by Fund
 10.42  General              32,933,000    33,238,000
 10.43  Natural Resources       443,000       452,000
 10.44  $3,500,000 the first year and 
 10.45  $3,500,000 the second year are for 
 10.46  presuppression and suppression costs of 
 10.47  emergency fire fighting.  If the 
 10.48  appropriation for either year is 
 10.49  insufficient to cover all costs of 
 10.50  suppression, the amount necessary to 
 10.51  pay for emergency firefighting expenses 
 10.52  during the biennium is appropriated 
 10.53  from the general fund.  If money is 
 10.54  spent under the appropriation in the 
 10.55  preceding sentence, the commissioner of 
 10.56  natural resources shall, by the 15th 
 10.57  day of the following month, report on 
 10.58  how the money was spent to the chairs 
 10.59  of the senate finance committee, the 
 10.60  house of representatives ways and means 
 10.61  committee, the finance division of the 
 11.1   senate environment and natural 
 11.2   resources committee, and the house of 
 11.3   representatives environment and natural 
 11.4   resources finance committee.  The 
 11.5   appropriations may not be transferred.  
 11.6   $1,018,000 the first year and 
 11.7   $1,030,000 the second year are for 
 11.8   implementation of the activities under 
 11.9   Minnesota Statutes, chapter 89A.  Up to 
 11.10  $240,000 the first year and $190,000 
 11.11  the second year are available for 
 11.12  grants to the University of Minnesota 
 11.13  College of Natural Resources' 
 11.14  Continuing Education Center, county 
 11.15  land departments for participation in 
 11.16  the Interagency Information 
 11.17  Cooperative, and for forest research 
 11.18  projects identified by the Minnesota 
 11.19  Forest Resources Council's Research 
 11.20  Advisory Committee. 
 11.21  By December 31, 1998, the council must 
 11.22  submit its fully integrated and 
 11.23  comprehensive timber harvest guidelines 
 11.24  to the senate environment and 
 11.25  agriculture budget division and the 
 11.26  house environment and natural resources 
 11.27  finance committee. 
 11.28  $200,000 is for grants to the counties 
 11.29  of Becker, Clearwater, and Hubbard for 
 11.30  reforestation, timber stand 
 11.31  improvements, aerial photography, and 
 11.32  new forest inventories in areas damaged 
 11.33  by windstorms in July 1995.  The 
 11.34  appropriation is available until June 
 11.35  30, 1999.  Of this amount, $22,000 is 
 11.36  for Becker county, $58,000 for Hubbard 
 11.37  county, and $120,000 for Clearwater 
 11.38  county. 
 11.39  $600,000 the first year and $600,000 
 11.40  the second year are for programs and 
 11.41  practices on state, county, and private 
 11.42  lands to regenerate and protect 
 11.43  Minnesota's white pine.  Up to $280,000 
 11.44  of the appropriation in each year may 
 11.45  be used by the commissioner to provide 
 11.46  50 percent matching funds to implement 
 11.47  cultural practices for white pine 
 11.48  management on nonindustrial, private 
 11.49  forest lands at rates specified in the 
 11.50  Minnesota stewardship incentives 
 11.51  program manual.  Up to $150,000 of the 
 11.52  appropriation in each year may be used 
 11.53  by the commissioner to provide funds to 
 11.54  implement cultural practices for white 
 11.55  pine management on county-administered 
 11.56  lands through grant agreements with 
 11.57  individual counties, with priorities 
 11.58  for areas that experienced wind damage 
 11.59  in July 1995.  $40,000 each year is for 
 11.60  a study of the natural regeneration 
 11.61  process of white pine.  The remainder 
 11.62  of the funds in each fiscal year will 
 11.63  be available to the commissioner for 
 11.64  white pine regeneration and protection 
 11.65  on department-administered lands. 
 11.66  $150,000 the first year and $150,000 
 12.1   the second year is appropriated to the 
 12.2   commissioner for a grant to the 
 12.3   University of Minnesota's College of 
 12.4   Natural Resources for research to 
 12.5   reduce the impact of blister rust on 
 12.6   Minnesota's white pine. 
 12.7   Subd. 5.  Parks and Recreation 
 12.8   Management 
 12.9       25,869,000     26,281,000
 12.10                Summary by Fund
 12.11  General              25,238,000    25,649,000
 12.12  Natural Resources       631,000       632,000
 12.13  $631,000 the first year and $632,000 
 12.14  the second year are from the water 
 12.15  recreation account in the natural 
 12.16  resources fund for state park 
 12.17  development projects.  If the 
 12.18  appropriation in either year is 
 12.19  insufficient, the appropriation for the 
 12.20  other year is available for it. 
 12.21  $2,619,000 the first year and 
 12.22  $2,619,000 the second year are for 
 12.23  payment of a grant to the metropolitan 
 12.24  council for metropolitan area regional 
 12.25  parks maintenance and operation. 
 12.26  Subd. 6.  Trails and Waterways 
 12.27  Management 
 12.28      15,581,000     15,510,000
 12.29                Summary by Fund
 12.30  General               1,524,000     1,377,000
 12.31  Natural Resources    12,778,000    13,082,000
 12.32  Game and Fish         1,279,000     1,051,000
 12.33  $5,252,000 the first year and 
 12.34  $5,252,000 the second year are from the 
 12.35  snowmobile trails and enforcement 
 12.36  account in the natural resources fund 
 12.37  for snowmobile grants-in-aid. 
 12.38  $252,000 the first year and $254,000 
 12.39  the second year are from the water 
 12.40  recreation account in the natural 
 12.41  resources fund for a safe harbor 
 12.42  program on Lake Superior.  Any 
 12.43  unencumbered balance at the end of the 
 12.44  first year does not cancel and is 
 12.45  available for the second year.  
 12.46  $30,000 is for an upgrade of the horse 
 12.47  riding section of the Heartland trail 
 12.48  to permit use by snowmobiles equipped 
 12.49  with metal studs. 
 12.50  $142,000 is for a survey of trails in 
 12.51  state parks for accessibility to 
 12.52  persons with disabilities.  This 
 12.53  appropriation is available for the 
 12.54  biennium. 
 13.1   The unobligated balance remaining in 
 13.2   the appropriation from the taconite 
 13.3   environmental protection fund, Laws 
 13.4   1996, chapter 407, section 3, to 
 13.5   acquire and develop the Iron Range 
 13.6   off-highway vehicle recreation area, 
 13.7   shall not cancel but be made available 
 13.8   until June 30, 1998. 
 13.9   Subd. 7.  Fish and Wildlife Management
 13.10      37,063,000     38,454,000
 13.11                Summary by Fund
 13.12  General               3,310,000     3,449,000
 13.13  Natural Resources     2,013,000     2,048,000
 13.14  Game and Fish        31,740,000    32,957,000
 13.15  $305,000 in the first year and $310,000 
 13.16  in the second year are for resource 
 13.17  population surveys in the 1837 treaty 
 13.18  area.  Of this amount, $104,000 in the 
 13.19  first year and $106,000 in the second 
 13.20  year are from the game and fish fund. 
 13.21  $923,000 the first year and $943,000 
 13.22  the second year are from the nongame 
 13.23  wildlife management account in the 
 13.24  natural resources fund for the purpose 
 13.25  of nongame wildlife management.  Any 
 13.26  unencumbered balance remaining in the 
 13.27  first year does not cancel but is 
 13.28  available the second year.  
 13.29  $1,337,000 the first year and 
 13.30  $1,361,000 the second year are for the 
 13.31  reinvest in Minnesota programs of game 
 13.32  and fish, critical habitat, and 
 13.33  wetlands established under Minnesota 
 13.34  Statutes, section 84.95, subdivision 
 13.35  2.  Any unencumbered balance for the 
 13.36  first year does not cancel but is 
 13.37  available for use the second year. 
 13.38  $1,110,000 the first year and 
 13.39  $1,117,000 the second year are from the 
 13.40  wildlife acquisition account for only 
 13.41  the purposes specified in Minnesota 
 13.42  Statutes, section 97A.071, subdivision 
 13.43  3. 
 13.44  $860,000 the first year and $881,000 
 13.45  the second year are from the deer 
 13.46  habitat improvement account for only 
 13.47  the purposes specified in Minnesota 
 13.48  Statutes, section 97A.075, subdivision 
 13.49  1, paragraph (b). 
 13.50  $60,000 the first year and $61,000 the 
 13.51  second year are from the deer and bear 
 13.52  management account for only the 
 13.53  purposes specified in Minnesota 
 13.54  Statutes, section 97A.075, subdivision 
 13.55  1, paragraph (c). 
 13.56  $668,000 the first year and $673,000 
 13.57  the second year are from the waterfowl 
 13.58  habitat improvement account for only 
 14.1   the purposes specified in Minnesota 
 14.2   Statutes, section 97A.075, subdivision 
 14.3   2. 
 14.4   $402,000 the first year and $404,000 
 14.5   the second year are from the trout and 
 14.6   salmon management account for only the 
 14.7   purposes specified in Minnesota 
 14.8   Statutes, section 97A.075, subdivision 
 14.9   3. 
 14.10  $545,000 the first year and $545,000 
 14.11  the second year are from the pheasant 
 14.12  habitat improvement account for only 
 14.13  the purposes specified in Minnesota 
 14.14  Statutes, section 97A.075, subdivision 
 14.15  4.  In addition to the purposes 
 14.16  specified in Minnesota Statutes, 
 14.17  section 97A.075, subdivision 4, this 
 14.18  appropriation may be used for pheasant 
 14.19  restocking efforts. 
 14.20  $292,000 the first year and $295,000 
 14.21  the second year are from the game and 
 14.22  fish fund for activities relating to 
 14.23  reduction and prevention of property 
 14.24  damage by wildlife.  $50,000 each year 
 14.25  is for emergency damage abatement 
 14.26  materials. 
 14.27  $63,000 the first year and $63,000 the 
 14.28  second year are from the wild turkey 
 14.29  management account for only the 
 14.30  purposes specified in Minnesota 
 14.31  Statutes, section 97A.075, subdivision 
 14.32  5. 
 14.33  $8,000 is for the construction of an 
 14.34  interpretive sign in the Thief Lake 
 14.35  wildlife management area, to be 
 14.36  available until June 30, 1998. 
 14.37  The forest ecologist, metro natural 
 14.38  community ecologist, and scientific and 
 14.39  natural areas volunteer stewardship 
 14.40  coordinator positions now in the 
 14.41  unclassified service shall be 
 14.42  transferred without competitive 
 14.43  examination to the classified service 
 14.44  of the state. 
 14.45  Subd. 8.  Enforcement 
 14.46      18,860,000     18,837,000
 14.47                Summary by Fund
 14.48  General               3,050,000     2,992,000
 14.49  Natural Resources     3,771,000     3,571,000
 14.50  Game and Fish        11,939,000    12,174,000
 14.51  Solid Waste             100,000       100,000
 14.52  $1,082,000 the first year and 
 14.53  $1,082,000 the second year are from the 
 14.54  water recreation account in the natural 
 14.55  resources fund for grants to counties 
 14.56  for boat and water safety. 
 15.1   $100,000 each year is from the solid 
 15.2   waste fund for solid waste enforcement 
 15.3   activities under Minnesota Statutes, 
 15.4   section 116.073. 
 15.5   $200,000 is from the snowmobile trails 
 15.6   and enforcement account in the natural 
 15.7   resources fund for the purchase of 
 15.8   specialty equipment to increase the 
 15.9   effectiveness and safety of enforcement 
 15.10  of snowmobile laws and rules. 
 15.11  Subd. 9.  Operations Support
 15.12      27,272,000     27,826,000
 15.13                Summary by Fund
 15.14  General              15,492,000    15,740,000
 15.15  Natural Resources     3,499,000     3,542,000
 15.16  Game and Fish         8,281,000     8,544,000
 15.17  The commissioner of natural resources 
 15.18  may contract with and make grants to 
 15.19  nonprofit agencies to carry out the 
 15.20  purposes, plans, and programs of the 
 15.21  office of youth programs, Minnesota 
 15.22  conservation corps. 
 15.23  The department shall submit to the 
 15.24  Minnesota office of technology for 
 15.25  review and approval of its plans for 
 15.26  offering consumer access through the 
 15.27  North Star world wide web site. 
 15.28  $100,000 is for a grant to the city of 
 15.29  Wabasha to be used for predesign and 
 15.30  design of the American Bald Eagle 
 15.31  Center.  This appropriation is 
 15.32  available for the biennium ending June 
 15.33  30, 1999, and is available only as 
 15.34  matched by $1 of nonstate money for $1 
 15.35  of state money. 
 15.36  $100,000 is for a grant to independent 
 15.37  school district No. 621, Mounds View, 
 15.38  to renovate the Laurentian 
 15.39  Environmental Learning Center located 
 15.40  in the Superior National Forest.  This 
 15.41  appropriation is available until June 
 15.42  30, 1998, to the extent matched by an 
 15.43  equal amount of nonstate money. 
 15.44  $20,000 is for a grant to the Hyde 
 15.45  House research and study center group 
 15.46  for repairs and construction of Hyde 
 15.47  House and a feasibility study relating 
 15.48  to proposed uses of Hyde House.  This 
 15.49  appropriation is available until July 
 15.50  1, 1999, to the extent it is matched by 
 15.51  an equal amount of nonstate money. 
 15.52  None of the money appropriated to the 
 15.53  commissioner under this section may be 
 15.54  used for transfer to the office of 
 15.55  strategic and long-range planning.  The 
 15.56  appropriations in this subdivision 
 15.57  reflect a reduction in the base of 
 15.58  $250,000. 
 16.1   Sec. 6.  BOARD OF WATER AND 
 16.2   SOIL RESOURCES                        15,491,000     15,411,000
 16.3   $5,353,000 the first year and 
 16.4   $5,353,000 the second year are for 
 16.5   natural resources block grants to local 
 16.6   governments.  Of this amount, $50,000 
 16.7   in each year is for a grant to the 
 16.8   north shore management board and 
 16.9   $35,000 in each year is for a grant to 
 16.10  the St. Louis River board. 
 16.11  The board shall reduce the amount of 
 16.12  the natural resource block grant to a 
 16.13  county by an amount equal to any 
 16.14  reduction in the county's general 
 16.15  services allocation to a soil and water 
 16.16  conservation district from the county's 
 16.17  1996 allocation. 
 16.18  Grants must be matched with a 
 16.19  combination of local cash or in-kind 
 16.20  contributions.  The base grant portion 
 16.21  related to water planning must be 
 16.22  matched by an amount that would be 
 16.23  raised by a levy under Minnesota 
 16.24  Statutes, section 103B.3369.  
 16.25  $2,282,000 the first year and 
 16.26  $2,509,000 the second year are for 
 16.27  grants to soil and water conservation 
 16.28  districts for general purposes and for 
 16.29  implementation of the RIM conservation 
 16.30  reserve program.  Upon approval of the 
 16.31  board, expenditures may be made from 
 16.32  these appropriations for supplies and 
 16.33  services benefiting soil and water 
 16.34  conservation districts. 
 16.35  $2,120,000 the first year and 
 16.36  $2,120,000 the second year are for 
 16.37  grants to soil and water conservation 
 16.38  districts for cost-sharing contracts 
 16.39  for erosion control and water quality 
 16.40  management.  This appropriation is 
 16.41  available until expended. 
 16.42  $189,000 the first year and $189,000 
 16.43  the second year are for grants to 
 16.44  watershed districts and other local 
 16.45  units of government in the southern 
 16.46  Minnesota river basin study area 2 for 
 16.47  floodplain management. 
 16.48  Any unencumbered balance in the board's 
 16.49  program of grants does not cancel at 
 16.50  the end of the first year and is 
 16.51  available for the second year for the 
 16.52  same grant program. 
 16.53  $27,000 the first year and $27,000 the 
 16.54  second year are for a grant to the 
 16.55  southeast Minnesota water resources 
 16.56  board for administrative costs.  This 
 16.57  appropriation is available only to the 
 16.58  extent it is matched by $1 of nonstate 
 16.59  money for each $1 of state money. 
 16.60  $90,000 the first year and $90,000 the 
 16.61  second year are for grants to soil and 
 16.62  water conservation districts to cover 
 17.1   the costs of contracting for technical 
 17.2   staff to implement activities under the 
 17.3   state revolving fund. 
 17.4   $250,000 is for completion of water 
 17.5   quality improvement projects with the 
 17.6   12 major watersheds of the Minnesota 
 17.7   river basin, to be available until June 
 17.8   30, 1999.  The water quality 
 17.9   improvement projects must utilize 
 17.10  practices that are proven effective, 
 17.11  must have landowner support, and must 
 17.12  be prioritized by the Minnesota river 
 17.13  basin joint powers board and the board 
 17.14  of water and soil resources.  The board 
 17.15  shall use this appropriation only for 
 17.16  those projects where the local 
 17.17  landowners and counties provide 50 
 17.18  percent of project costs in cash. 
 17.19  Sec. 7.  AGRICULTURE 
 17.20  Subdivision 1.  Total 
 17.21  Appropriation                         28,989,000    26,406,000
 17.22                Summary by Fund
 17.23  General              18,227,000    15,654,000
 17.24  Special Revenue      10,493,000    10,483,000
 17.25  Environmental           269,000       269,000
 17.26  The amounts that may be spent from this 
 17.27  appropriation for each program are 
 17.28  specified in the following subdivisions.
 17.29  Subd. 2.  Protection Service 
 17.30      18,579,000     17,790,000
 17.31                Summary by Fund
 17.32  General               8,073,000     7,179,000
 17.33  Special Revenue      10,237,000    10,342,000
 17.34  Environmental           269,000       269,000
 17.35  $269,000 the first year and $269,000 
 17.36  the second year are from the 
 17.37  environmental response, compensation, 
 17.38  and compliance account in the 
 17.39  environmental fund. 
 17.40  $4,537,000 the first year and 
 17.41  $4,617,000 the second year are 
 17.42  appropriated from the pesticide 
 17.43  regulatory account established under 
 17.44  Minnesota Statutes, section 18B.05, for 
 17.45  administration and enforcement of 
 17.46  Minnesota Statutes, chapter 18B. 
 17.47  $995,000 the first year and $1,010,000 
 17.48  the second year are appropriated from 
 17.49  the fertilizer inspection account 
 17.50  established under Minnesota Statutes, 
 17.51  section 18C.131, for administration and 
 17.52  enforcement of Minnesota Statutes, 
 17.53  chapter 18C. 
 18.1   $50,000 the first year is from the 
 18.2   fertilizer account to provide a match 
 18.3   to the $150,000 appropriation from the 
 18.4   environmental trust fund to conduct 
 18.5   nitrate testing clinics. 
 18.6   $368,000 the first year and $368,000 
 18.7   the second year are appropriated from 
 18.8   the seed potato inspection fund 
 18.9   established under Minnesota Statutes, 
 18.10  section 21.115, for administration and 
 18.11  enforcement of Minnesota Statutes, 
 18.12  sections 21.111 to 21.122. 
 18.13  $727,000 the first year and $741,000 
 18.14  the second year are appropriated from 
 18.15  the seed inspection fund established 
 18.16  under Minnesota Statutes, section 
 18.17  21.92, for administration and 
 18.18  enforcement of Minnesota Statutes, 
 18.19  sections 21.80 to 21.92. 
 18.20  $731,000 the first year and $744,000 
 18.21  the second year are appropriated from 
 18.22  the commercial feed inspection account 
 18.23  established under Minnesota Statutes, 
 18.24  section 25.39, subdivision 4, for 
 18.25  administration and enforcement of 
 18.26  Minnesota Statutes, sections 25.35 to 
 18.27  25.44. 
 18.28  $530,000 the first year and $530,000 
 18.29  the second year are appropriated from 
 18.30  the fruit and vegetables inspection 
 18.31  account established under Minnesota 
 18.32  Statutes, section 27.07, subdivision 6, 
 18.33  for administration and enforcement of 
 18.34  Minnesota Statutes, section 27.07. 
 18.35  $1,975,000 the first year and 
 18.36  $2,008,000 the second year are 
 18.37  appropriated from the dairy services 
 18.38  account established under Minnesota 
 18.39  Statutes, section 32.394, subdivision 
 18.40  9, and $160,000 each year is 
 18.41  appropriated from the general fund for 
 18.42  the purpose of dairy services under 
 18.43  Minnesota Statutes, chapter 32. 
 18.44  $324,000 the first year and $324,000 
 18.45  the second year are appropriated from 
 18.46  the livestock weighing fund established 
 18.47  under Minnesota Statutes, section 
 18.48  17A.11, for the purpose of livestock 
 18.49  weighing costs under Minnesota 
 18.50  Statutes, chapter 17A. 
 18.51  $960,000 the first year and $40,000 the 
 18.52  second year are for grants to dairy 
 18.53  diagnostic teams to provide 
 18.54  technologies and farming practices 
 18.55  applicable to dairy farms to enhance 
 18.56  the financial success and long-term 
 18.57  profitability and sustainability of 
 18.58  dairy farms in the state, regardless of 
 18.59  herd size.  The commissioner shall 
 18.60  include information on options for 
 18.61  organic farming and rotational 
 18.62  grazing.  The teams must provide the 
 18.63  service at a reasonable cost to the 
 18.64  dairy farmer. 
 19.1   $25,000 each year is for the Minnesota 
 19.2   dairy producers and consumers board, 
 19.3   established under Minnesota Statutes, 
 19.4   section 17.76. 
 19.5   $53,000 the first year and $53,000 the 
 19.6   second year are for payment of claims 
 19.7   relating to livestock damaged by 
 19.8   threatened or endangered animal species 
 19.9   and agricultural crops damaged by elk.  
 19.10  If the appropriation for either year is 
 19.11  insufficient, the appropriation for the 
 19.12  other year is available for it. 
 19.13  $122,000 is transferred to the seed 
 19.14  potato inspection fund and must be used 
 19.15  for the administration and enforcement 
 19.16  of Minnesota Statutes, sections 21.80 
 19.17  to 21.92. 
 19.18  Subd. 3.  Agricultural Marketing and Development
 19.19       3,375,000      3,110,000
 19.20                 Summary by Fund
 19.21  General              3,119,000    2,969,000
 19.22  Special Revenue        256,000      141,000
 19.23  Notwithstanding Minnesota Statutes, 
 19.24  section 41A.09, subdivision 3, the 
 19.25  total payments from the ethanol 
 19.26  development account to all producers 
 19.27  may not exceed $50,551,000 for the 
 19.28  biennium ending June 30, 1999.  If the 
 19.29  total amount for which all producers 
 19.30  are eligible in a quarter exceeds the 
 19.31  amount available for payments, the 
 19.32  commissioner shall make the payments on 
 19.33  a pro rata basis.  In fiscal year 1998, 
 19.34  the commissioner shall first reimburse 
 19.35  producers for eligible unpaid claims 
 19.36  accumulated through June 30, 1997.  
 19.37  If a cooperative decides to abandon 
 19.38  plans to construct an ethanol 
 19.39  production facility, and the 
 19.40  cooperative documents that, pursuant to 
 19.41  the formation of an ethanol production 
 19.42  facility in the state, the cooperative 
 19.43  collected $1,000,000 in stock or 
 19.44  $100,000 in seed money toward the sale 
 19.45  of at least $1,000,000 in stock from 
 19.46  January 1996 through March of 1997, the 
 19.47  commissioner may reimburse the 
 19.48  cooperative, subject to the limit in 
 19.49  this paragraph, for up to 75 percent of 
 19.50  any eligible planning costs as 
 19.51  determined by the commissioner in 
 19.52  conjunction with the proposed facility 
 19.53  if such costs were incurred between 
 19.54  January 1, 1996, and January 1, 1997.  
 19.55  The maximum amount of reimbursement may 
 19.56  not exceed $200,000, and a cooperative 
 19.57  must submit a request for planning cost 
 19.58  reimbursement by December 31, 1997, to 
 19.59  be eligible for this purpose. 
 19.60  $100,000 the first year and $100,000 
 19.61  the second year are for ethanol 
 20.1   promotion and public education. 
 20.2   $71,000 the first year and $71,000 the 
 20.3   second year are for transfer to the 
 20.4   Minnesota grown matching account and 
 20.5   may be used as grants for Minnesota 
 20.6   grown promotion under Minnesota 
 20.7   Statutes, section 17.109. 
 20.8   $141,000 the first year and $141,000 
 20.9   the second year are from the 
 20.10  commodities research and promotion 
 20.11  account in the special revenue fund. 
 20.12  $115,000 is from the Minnesota 
 20.13  conservation fund, established in 
 20.14  Minnesota Statutes, section 40A.151, to 
 20.15  the commissioner of agriculture to 
 20.16  provide a match to the $100,000 
 20.17  appropriation from the future resources 
 20.18  fund to evaluate the effectiveness of 
 20.19  Minnesota's agricultural land 
 20.20  preservation programs, make 
 20.21  recommendations for statutory and 
 20.22  programmatic improvements, and identify 
 20.23  and quantify fiscal impacts of urban 
 20.24  sprawl. 
 20.25  $76,000 the first year and $77,000 the 
 20.26  second year are for development and 
 20.27  promotion of integrated pest management 
 20.28  in an urban environment.  The urban 
 20.29  integrated pest management development 
 20.30  and promotion program must be 
 20.31  coordinated with Metropolitan State 
 20.32  University. 
 20.33  $80,000 the first year and $80,000 the 
 20.34  second year are for grants to farmers 
 20.35  for demonstration projects involving 
 20.36  sustainable agriculture.  If a project 
 20.37  cost is more than $25,000, the amount 
 20.38  above $25,000 must be cost-shared at a 
 20.39  state-applicant ratio of one to one.  
 20.40  Priorities must be given for projects 
 20.41  involving multiple parties.  Up to 
 20.42  $20,000 each year may be used for 
 20.43  dissemination of information about the 
 20.44  demonstration grant projects.  If the 
 20.45  appropriation for either year is 
 20.46  insufficient, the appropriation for the 
 20.47  other is available. 
 20.48  $200,000 is for grants under Minnesota 
 20.49  Statutes, section 17.101, subdivision 5.
 20.50  Subd. 4.  Administration and 
 20.51  Financial Assistance 
 20.52       7,035,000      5,506,000
 20.53                 Summary by Fund
 20.54  General              7,035,000    5,506,000
 20.55  $100,000 the first year and $100,000 
 20.56  the second year must be spent for the 
 20.57  WIC coupon program. 
 20.58  $50,000 the first year and $50,000 the 
 20.59  second year are for dairy policy 
 21.1   studies and federal milk marketing 
 21.2   order reform. 
 21.3   $115,000 the first year and $99,000 the 
 21.4   second year are for family farm 
 21.5   security interest payment adjustments.  
 21.6   If the appropriation for either year is 
 21.7   insufficient, the appropriation for the 
 21.8   other year is available for it.  No new 
 21.9   loans may be approved in fiscal year 
 21.10  1998 or 1999.  
 21.11  $201,000 the first year and $202,000 
 21.12  the second year are for the family farm 
 21.13  advocacy program. 
 21.14  $70,000 the first year and $70,000 the 
 21.15  second year are for the Northern Crops 
 21.16  Institute.  These appropriations may be 
 21.17  spent to purchase equipment and are 
 21.18  available until spent.  
 21.19  $150,000 the first year and $150,000 
 21.20  the second year are for grants to 
 21.21  agriculture information centers.  The 
 21.22  grants are only available on a match 
 21.23  basis.  The funds may be released at 
 21.24  the rate of $4 of state money for each 
 21.25  $1 of matching nonstate money that is 
 21.26  raised.  
 21.27  $100,000 is for a grant to the 
 21.28  University of Minnesota for a farm 
 21.29  safety outreach program.  The program 
 21.30  must be designed to provide specialized 
 21.31  health and safety information and 
 21.32  training to targeted at-risk 
 21.33  individuals and groups. 
 21.34  $115,000 the first year and $115,000 
 21.35  the second year are for the seaway port 
 21.36  authority of Duluth. 
 21.37  $19,000 the first year and $19,000 the 
 21.38  second year is for a grant to the 
 21.39  Minnesota livestock breeder's 
 21.40  association. 
 21.41  $50,000 the first year and $50,000 the 
 21.42  second year are for the Passing on the 
 21.43  Farm Center under Minnesota Statutes, 
 21.44  section 17.985.  This appropriation is 
 21.45  available only to the extent matched 
 21.46  with nonstate money. 
 21.47  $200,000 the first year and $200,000 
 21.48  the second year are to develop a 
 21.49  scientific data base on odor from 
 21.50  feedlots, conduct research on 
 21.51  biofilters as odor suppressants, and 
 21.52  evaluate composting and drainage 
 21.53  systems for effectiveness.  This is a 
 21.54  one-time appropriation. 
 21.55  $270,000 is for research and 
 21.56  development of:  (1) an odor rating 
 21.57  system that compares odor levels of 
 21.58  livestock production facilities based 
 21.59  on the species of livestock, livestock 
 21.60  housing, manure management systems, and 
 21.61  other factors that contribute to odor 
 22.1   levels; (2) recommended setback 
 22.2   requirements for livestock production 
 22.3   facilities based on the odor rating 
 22.4   system developed in clause (1); and (3) 
 22.5   best management practices to control 
 22.6   livestock odor with priority on the 
 22.7   development of practices that control 
 22.8   odor as much as economically feasible 
 22.9   during seasonal and other periods of 
 22.10  peak odor levels. This appropriation is 
 22.11  available until June 30, 1999. 
 22.12  $1,250,000 the first year and 
 22.13  $1,250,000 the second year are for an 
 22.14  electronic information management 
 22.15  system.  In addition to this 
 22.16  appropriation, up to $250,000 each year 
 22.17  may be expended from the agency 
 22.18  indirect cost account and allocated 
 22.19  through the agency's indirect cost 
 22.20  plan.  Payment of the allocation is 
 22.21  waived for any account if the payment 
 22.22  will cause fees to be increased. 
 22.23  $1,000,000 is to create and administer 
 22.24  a "Minnesota grown" coupon program to 
 22.25  provide food coupons to individuals and 
 22.26  families eligible for at least $50 per 
 22.27  month from the temporary hunger 
 22.28  prevention and community development 
 22.29  initiative program.  35 percent of the 
 22.30  total benefit an individual or family 
 22.31  is eligible for under the temporary 
 22.32  hunger prevention and community 
 22.33  development initiative shall be issued 
 22.34  each month by the commissioner as 
 22.35  coupons, except that the amount of 
 22.36  coupons issued must be rounded up to 
 22.37  the nearest $5 and not exceed $100 nor 
 22.38  be less than $20. 
 22.39  The commissioner of human services must 
 22.40  provide to the commissioner of 
 22.41  agriculture the names of the heads of 
 22.42  households who are eligible for the 
 22.43  "Minnesota grown" coupon program, their 
 22.44  addresses, the amount of coupons to be 
 22.45  issued to the household, and any other 
 22.46  information necessary to ensure the 
 22.47  administrative efficiency of the 
 22.48  "Minnesota grown" coupon program. 
 22.49  Eligibility for the temporary hunger 
 22.50  prevention and community development 
 22.51  initiative program, and the amount of 
 22.52  the benefit to be issued in "Minnesota 
 22.53  grown" coupons must be determined by 
 22.54  county agencies according to the 
 22.55  eligibility criteria in the health and 
 22.56  human services 1997 omnibus 
 22.57  appropriation bill. 
 22.58  The coupons must be clearly labeled as 
 22.59  redeemable only for products licensed 
 22.60  to use the "Minnesota grown" logo or 
 22.61  labeling statement under Minnesota 
 22.62  Statutes, section 17.102.  Coupons may 
 22.63  be redeemed by farmers, custom meat 
 22.64  processors, community-supported 
 22.65  agriculture farms, grocery stores, and 
 22.66  retailers.  The person accepting the 
 23.1   coupon is responsible for its 
 23.2   redemption only on products licensed to 
 23.3   use the "Minnesota grown" logo or 
 23.4   labeling statement.  
 23.5   The commissioner may establish criteria 
 23.6   for vendor eligibility and may enforce 
 23.7   the "Minnesota grown" coupon program 
 23.8   according to Minnesota Statutes, 
 23.9   sections 17.982 to 17.984. 
 23.10  The commissioner shall report on the 
 23.11  "Minnesota grown" coupon program by 
 23.12  January 15, 1998, to the house of 
 23.13  representatives agriculture committee, 
 23.14  the senate agriculture and rural 
 23.15  development committee, the house 
 23.16  environment and natural resources 
 23.17  finance committee, and the senate 
 23.18  environment and agriculture budget 
 23.19  division. 
 23.20  $100,000 is for a grant to the Central 
 23.21  Lakes Agricultural Center for 
 23.22  continuation and expansion of research 
 23.23  on potato blight. 
 23.24  $50,000 is for beaver damage control 
 23.25  grants for the purposes of Minnesota 
 23.26  Statutes, section 17.110. 
 23.27  $100,000 is for transfer to the public 
 23.28  utilities commission for costs related 
 23.29  to the duties of the commission and the 
 23.30  team of science advisors established 
 23.31  under Laws 1994, chapter 573, as 
 23.32  amended. 
 23.33  Sec. 8.  BOARD OF ANIMAL HEALTH        2,259,000      2,303,000
 23.34  Sec. 9.  MINNESOTA-WISCONSIN
 23.35  BOUNDARY AREA COMMISSION                 172,000        177,000
 23.36                Summary by Fund
 23.37  General                 141,000       145,000
 23.38  Natural Resources        31,000        32,000
 23.39  This appropriation is only available to 
 23.40  the extent it is matched by an equal 
 23.41  amount from the state of Wisconsin. 
 23.42  $31,000 the first year and $32,000 the 
 23.43  second year are from the water 
 23.44  recreation account in the natural 
 23.45  resources fund for the St. Croix 
 23.46  management and stewardship program. 
 23.47  Sec. 10.  CITIZEN'S COUNCIL ON 
 23.48  VOYAGEURS NATIONAL PARK                   63,000         64,000
 23.49  Sec. 11.  SCIENCE MUSEUM 
 23.50  OF MINNESOTA                           1,136,000      1,164,000
 23.51  Sec. 12.  MINNESOTA ACADEMY 
 23.52  OF SCIENCE                                36,000         36,000
 23.53  Sec. 13.  MINNESOTA HORTICULTURAL 
 23.54  SOCIETY                                   72,000         72,000
 24.1   Sec. 14.  AGRICULTURAL UTILIZATION
 24.2   RESEARCH INSTITUTE                     4,330,000      4,330,000
 24.3                 Summary by Fund
 24.4   General               4,130,000     4,130,000
 24.5   Special Revenue         200,000       200,000
 24.6   $200,000 the first year and $200,000 
 24.7   the second year are for hybrid tree 
 24.8   management research and development of 
 24.9   an implementation plan for establishing 
 24.10  hybrid tree plantations in the state.  
 24.11  This appropriation is available to the 
 24.12  extent matched by $2 of nonstate 
 24.13  contributions, either cash or in kind, 
 24.14  for each $1 of state money.  This shall 
 24.15  be added to the agency base. 
 24.16  Sec. 15.  1997 DEFICIENCIES; 
 24.17  DEPARTMENT OF NATURAL RESOURCES    500,000        
 24.18  $500,000 in fiscal year 1997 is for a 
 24.19  binding arbitration award related to 
 24.20  the removal of the Flandrau Dam. 
 24.21  $600,000 is for snowmobile 
 24.22  grants-in-aid from the snowmobile 
 24.23  trails and enforcement account for 
 24.24  fiscal year 1997, to be available until 
 24.25  June 30, 1997. 
 24.26  Sec. 16.  MINNESOTA RESOURCES 
 24.27  Subdivision 1.  Total
 24.28  Appropriation                         38,054,000 
 24.29                Summary by Fund
 24.30  Minnesota Future 
 24.31  Resources Fund       14,664,000
 24.32  Environment and 
 24.33  Natural Resources 
 24.34  Trust Fund           23,120,000
 24.35  Great Lakes Protection 
 24.36  Account                 120,000
 24.37  Oil Overcharge 
 24.38  Money in the Special
 24.39  Revenue Fund            150,000
 24.40  Unless otherwise provided, the amounts 
 24.41  in this section are available until 
 24.42  June 30, 1999, when projects must be 
 24.43  completed and final products delivered. 
 24.44  Subd. 2.  Definitions 
 24.45  (a) "Future resources fund" means the 
 24.46  Minnesota future resources fund 
 24.47  referred to in Minnesota Statutes, 
 24.48  section 116P.13. 
 24.49  (b) "Trust fund" means the Minnesota 
 24.50  environment and natural resources trust 
 24.51  fund referred to in Minnesota Statutes, 
 24.52  section 116P.02, subdivision 6. 
 25.1   (c) "Great lakes protection account" 
 25.2   means the account referred to in 
 25.3   Minnesota Statutes, section 116Q.02. 
 25.4   (d) "Oil overcharge money" means the 
 25.5   money referred to in Minnesota 
 25.6   Statutes, section 4.071, subdivision 2. 
 25.7   Subd. 3.  Legislative Commission 
 25.8   on Minnesota Resources                   776,000
 25.9   $304,000 of this appropriation is from 
 25.10  the future resources fund and $472,000 
 25.11  is from the trust fund, pursuant to 
 25.12  Minnesota Statutes, section 116P.09, 
 25.13  subdivision 5. 
 25.14  Subd. 4.  Recreation 
 25.15  (a) STATE PARK AND RECREATION AREA 
 25.16  ACQUISITION, DEVELOPMENT, BETTERMENT, 
 25.17  AND REHABILITATION                     3,500,000 
 25.18  This appropriation is from the trust 
 25.19  fund to the commissioner of natural 
 25.20  resources as follows: (1) for state 
 25.21  park and recreation area acquisition, 
 25.22  $2,500,000; and (2) for state park and 
 25.23  recreation area development, 
 25.24  rehabilitation, and resource 
 25.25  management, $1,000,000, unless 
 25.26  otherwise specified in the approved 
 25.27  work program.  The use of the Minnesota 
 25.28  conservation corps is encouraged.  The 
 25.29  commissioner must submit grant requests 
 25.30  for supplemental funding for federal 
 25.31  ISTEA money in eligible categories and 
 25.32  report the results to the legislative 
 25.33  commission on Minnesota resources.  
 25.34  This project must be completed and 
 25.35  final products delivered by June 30, 
 25.36  2000, and the appropriation is 
 25.37  available until that date. 
 25.38  (b) METROPOLITAN REGIONAL PARK 
 25.39  SYSTEM                                 3,500,000 
 25.40  This appropriation is from the trust 
 25.41  fund for payment by the commissioner of 
 25.42  natural resources to the metropolitan 
 25.43  council for subgrants for acquisition, 
 25.44  development and rehabilitation in the 
 25.45  metropolitan regional park system 
 25.46  consistent with the metropolitan 
 25.47  council regional recreation open space 
 25.48  capital improvement plan.  This 
 25.49  appropriation may be used for the 
 25.50  purchase of homes only if the purchases 
 25.51  are expressly included in the work 
 25.52  program approved by the legislative 
 25.53  commission on Minnesota resources.  The 
 25.54  metropolitan council shall collect and 
 25.55  digitize all local, regional, state and 
 25.56  federal parks and all off-road trails 
 25.57  with connecting on-road routes for the 
 25.58  Metropolitan area and produce a printed 
 25.59  map.  This project must be completed 
 25.60  and final products delivered by June 
 25.61  30, 2000, and the appropriation is 
 25.62  available until that date. 
 26.1   (c) LOCAL INITIATIVES GRANTS 
 26.2   PROGRAM                                2,900,000 
 26.3   This appropriation is from the future 
 26.4   resources fund to the commissioner of 
 26.5   natural resources to provide matching 
 26.6   grants, as follows:  
 26.7   (1) $600,000 to local units of 
 26.8   government for local park and 
 26.9   recreation areas pursuant to Minnesota 
 26.10  Statutes, section 85.019.  $50,000 of 
 26.11  this appropriation is to complete the 
 26.12  Larue public water access. 
 26.13  (2) $600,000 to local units of 
 26.14  government for natural and scenic areas 
 26.15  pursuant to Minnesota Statutes, section 
 26.16  85.019. 
 26.17  (3) $900,000 for trail grants to local 
 26.18  units of government on land to be 
 26.19  maintained for at least 20 years for 
 26.20  the purposes of the grant.  $200,000 is 
 26.21  for grants of up to $50,000 per project 
 26.22  for trail linkages between communities, 
 26.23  trails, and parks, and $700,000 is for 
 26.24  grants of up to $250,000 for locally 
 26.25  funded trails of regional 
 26.26  significance.  $250,000 is to provide 
 26.27  matching funds for an ISTEA grant to 
 26.28  provide easement acquisition and 
 26.29  engineering costs for a proposed trail 
 26.30  between the city of Pelican Rapids and 
 26.31  Maplewood state park. 
 26.32  (4) $600,000 for a statewide 
 26.33  conservation partners program, to 
 26.34  encourage private organizations and 
 26.35  local governments to cost share 
 26.36  improvement of fish, wildlife, and 
 26.37  native plant habitats and research and 
 26.38  surveys of fish and wildlife. 
 26.39  Conservation partners grants may be up 
 26.40  to $10,000 each. 
 26.41  (5) $200,000 for environmental 
 26.42  partnerships program grants of up to 
 26.43  $10,000 each for environmental service 
 26.44  projects and related education 
 26.45  activities through public and private 
 26.46  partnerships. 
 26.47  In addition to the required work 
 26.48  program, grants may not be approved 
 26.49  until grant proposals to be funded have 
 26.50  been submitted to the legislative 
 26.51  commission on Minnesota resources and 
 26.52  the commission has approved the grants 
 26.53  or allowed 60 days to pass.  The above 
 26.54  appropriations, in combination, are 
 26.55  available half for the metropolitan 
 26.56  area as defined in Minnesota Statutes, 
 26.57  section 473.121, subdivision 2, and 
 26.58  half for outside of the metropolitan 
 26.59  area.  For the purpose of this 
 26.60  paragraph, the match must be nonstate 
 26.61  contributions, but may be either cash 
 26.62  or in-kind.  This project must be 
 26.63  completed and final products delivered 
 26.64  by June 30, 2000, and the appropriation 
 27.1   is available until that date. 
 27.2   (d) BORDER-TO-BORDER TRAIL 
 27.3   STUDY                                    100,000 
 27.4   This appropriation is from the trust 
 27.5   fund to the commissioner of natural 
 27.6   resources for the border-to-border 
 27.7   trail study of the trails and waterways 
 27.8   division.  The border-to-border trail 
 27.9   study shall inventory and integrate 
 27.10  local, regional, and state trail 
 27.11  systems and plan for future 
 27.12  development, including identifying 
 27.13  abandoned rail lines and dual 
 27.14  treadways.  The Minnesota recreational 
 27.15  trail users association (MURTA) shall 
 27.16  serve as the advisory group to the 
 27.17  department of natural resources in 
 27.18  developing the study and plan. The 
 27.19  appropriation is available until June 
 27.20  30, 1999. 
 27.21  Subd. 5.  Historic Sites 
 27.22  (a) FORT SNELLING STATE PARK - UPPER 
 27.23  BLUFF UTILIZATION AND AYH HOSTEL         250,000 
 27.24  This appropriation is from the future 
 27.25  resources fund to the commissioner of 
 27.26  natural resources for a cooperative 
 27.27  project with Hostelling International 
 27.28  and community cooperators to develop a 
 27.29  conceptual utilization plan for the 
 27.30  Upper Bluff Area, assess buildings for 
 27.31  potential hostel use, and complete the 
 27.32  design and construction documents for a 
 27.33  building or buildings for future 
 27.34  renovation as a hostel.  This 
 27.35  appropriation must be matched by at 
 27.36  least $20,000 of nonstate money. 
 27.37  (b) PROTECTING RURAL HISTORIC 
 27.38  LANDSCAPES IN HIGH DEVELOPMENT AREAS      80,000 
 27.39  This appropriation is from the trust 
 27.40  fund to the Minnesota Historical 
 27.41  Society to document resources and 
 27.42  prepare a management plan for 
 27.43  historical agricultural landscapes in 
 27.44  the St. Cloud-Rochester growth corridor.
 27.45  (c) JEFFERS PETROGLYPHS ENVIRONMENTAL 
 27.46  ASSESSMENT AND PRAIRIE RESTORATION       125,000 
 27.47  This appropriation is from the future 
 27.48  resources fund to the Minnesota 
 27.49  Historical Society to establish an 
 27.50  environmental monitoring program and 
 27.51  assess environmental effects on the 
 27.52  petroglyphs and restore native prairie 
 27.53  to parts of this state site. 
 27.54  (d) MILL RUINS PARK ARCHAEOLOGICAL 
 27.55  INVESTIGATION AND FEASIBILITY STUDY       75,000 
 27.56  This appropriation is from the future 
 27.57  resources fund to the Minnesota 
 27.58  Historical Society for an agreement 
 27.59  with the Minneapolis Park and 
 27.60  Recreation Board for archaeological 
 28.1   investigations of the 19th-century 
 28.2   mills along the central river front to 
 28.3   assess the feasibility of developing an 
 28.4   interpretive park.  This appropriation 
 28.5   must be matched by at least $75,000 of 
 28.6   nonstate money. 
 28.7   (e) PLANNING AND ASSESSMENT OF SMALL 
 28.8   HISTORIC SITES                           200,000 
 28.9   This appropriation is from the future 
 28.10  resources fund to the Minnesota 
 28.11  Historical Society for the development 
 28.12  of master plans and archaeological 
 28.13  reconnaissance at the Comstock House, 
 28.14  Folsom House, Mayo House, and Harkin 
 28.15  Store state historic sites. 
 28.16  (f) DEVELOPMENT OF BIRCH COULEE STATE 
 28.17  HISTORIC SITE                            270,000 
 28.18  This appropriation is from the trust 
 28.19  fund to the Minnesota Historical 
 28.20  Society to improve public access to the 
 28.21  state historic site at Birch Coulee, 
 28.22  with self-guided trails, interpretive 
 28.23  markers, and basic visitor amenities. 
 28.24  (g) WENDELIN AND JULIANNA GRIMM FARM 
 28.25  RESTORATION                              200,000 
 28.26  This appropriation is from the future 
 28.27  resources fund to the Minnesota 
 28.28  Historical Society for an agreement 
 28.29  with Hennepin Parks to begin to 
 28.30  stabilize and restore the Grimm Farm.  
 28.31  This appropriation must be matched by 
 28.32  at least $200,000 of nonstate money. 
 28.33  (h) WHITE OAK LEARNING CENTER 
 28.34  ENVIRONMENTAL AWARENESS 
 28.35  THROUGH HISTORY                          125,000 
 28.36  This appropriation is from the future 
 28.37  resources fund to the commissioner of 
 28.38  natural resources for an agreement with 
 28.39  the White Oak Society, Inc., to create 
 28.40  an education program integrating 
 28.41  environmental education into 
 28.42  historical, cultural, and social 
 28.43  contexts. 
 28.44  (i) HISTORICAL AND CULTURAL MUSEUM ON 
 28.45  VERMILION LAKE INDIAN RESERVATION        100,000 
 28.46  This appropriation is from the future 
 28.47  resources fund to the Minnesota 
 28.48  Historical Society for an agreement 
 28.49  with Bois Forte Reservation to design 
 28.50  and construct a historical museum for 
 28.51  cultural interpretation adjacent to an 
 28.52  historic gold mine and fur trade post 
 28.53  on Lake Vermilion.  As an additional 
 28.54  condition of acceptance of this 
 28.55  appropriation, this facility may not be 
 28.56  used for any form of gambling or the 
 28.57  promotion of gambling.  This 
 28.58  appropriation must be matched by at 
 28.59  least $100,000 of nonstate money. 
 28.60  (j) NATIVE AMERICAN PERSPECTIVE OF 
 29.1   THE HISTORIC NORTH SHORE                  60,000 
 29.2   This appropriation is from the future 
 29.3   resources fund to the Minnesota 
 29.4   Historical Society for an agreement 
 29.5   with the Sugarloaf Interpretive Center 
 29.6   Association for an interpretive study 
 29.7   of Native Americans on the North Shore 
 29.8   of Lake Superior in cooperation with 
 29.9   Native American bands.  This 
 29.10  appropriation must be matched by at 
 29.11  least $30,000 of nonstate money. 
 29.12  (k) CHILDREN'S MUSEUM AT JUDY 
 29.13  GARLAND BIRTHPLACE                       200,000 
 29.14  This appropriation is from the future 
 29.15  resources fund to the commissioner of 
 29.16  natural resources for an agreement with 
 29.17  the Judy Garland Children's Museum to 
 29.18  assist in the design and construction 
 29.19  of a children's museum.  This 
 29.20  appropriation must be matched by at 
 29.21  least $1,275,000 of nonstate money 
 29.22  committed by June 30, 1998. 
 29.23  (l) SOUDAN UNDERGROUND PHYSICS 
 29.24  LABORATORY EXPANSION                     400,000 
 29.25  This appropriation is from the future 
 29.26  resources fund to the University of 
 29.27  Minnesota to assist in the construction 
 29.28  of the Soudan Mine facilities for 
 29.29  scientific interpretation. 
 29.30  Subd. 6.  Water Resources 
 29.31  (a) ON-SITE SEWAGE TREATMENT 
 29.32  ALTERNATIVES AND TECHNOLOGY 
 29.33  TRANSFER                                 500,000 
 29.34  This appropriation is from the future 
 29.35  resources fund to the pollution control 
 29.36  agency for the second biennium to 
 29.37  evaluate alternative on-site sewage 
 29.38  treatment systems for cost-effective 
 29.39  removal of pathogenic bacteria, viruses 
 29.40  and nutrients. 
 29.41  (b) NITRATE EDUCATION AND TESTING        150,000 
 29.42  This appropriation is from the trust 
 29.43  fund to the commissioner of agriculture 
 29.44  to accelerate knowledge of nitrate 
 29.45  levels in private drinking water 
 29.46  supplies through development of water 
 29.47  testing clinics for rural well owners 
 29.48  and education programs.  This 
 29.49  appropriation must be matched by at 
 29.50  least $50,000 from the agriculture 
 29.51  fertilizer inspection account. 
 29.52  (c) SNAKE RIVER WATERSHED BMPS           100,000 
 29.53  This appropriation is from the trust 
 29.54  fund to the board of water and soil 
 29.55  resources for an agreement with the 
 29.56  Snake River Watershed Management Board 
 29.57  to accelerate the implementation of the 
 29.58  1996 Snake River Watershed Management 
 29.59  Plan. 
 30.1   (d) EVALUATION OF WATERSHED BASED 
 30.2   WATERSHED DISTRICT MANAGEMENT            150,000 
 30.3   This appropriation is from the future 
 30.4   resources fund to the board of water 
 30.5   and soil resources for an agreement 
 30.6   with the Minnesota Association of 
 30.7   Watershed Districts to evaluate the 
 30.8   effectiveness of water quality 
 30.9   management by watershed districts.  
 30.10  This appropriation must be matched by 
 30.11  at least $75,000 of nonstate money. 
 30.12  (e) RED RIVER VALLEY PLANNING 
 30.13  AND MANAGEMENT                           375,000 
 30.14  This appropriation is from the trust 
 30.15  fund to the pollution control agency to 
 30.16  create an ecosystem management plan for 
 30.17  the Red River Valley, integrating land 
 30.18  and water basin management strategies 
 30.19  in cooperation with interstate and 
 30.20  international organizations. 
 30.21  (f) SUSTAINABLE LAKE PLANS               270,000 
 30.22  This appropriation is from the trust 
 30.23  fund to the University of Minnesota, 
 30.24  Center for Urban and Regional Affairs, 
 30.25  in cooperation with the Minnesota Lakes 
 30.26  Association, to develop education 
 30.27  programs and a comprehensive lake plan 
 30.28  in each of the state's five lake 
 30.29  regions. 
 30.30  (g) LAKESHORE RESTORATION - MINNEAPOLIS 
 30.31  CHAIN OF LAKES                           300,000 
 30.32  This appropriation is from the trust 
 30.33  fund to the commissioner of natural 
 30.34  resources for an agreement with the 
 30.35  Minneapolis Park and Recreation Board 
 30.36  to restore native plants on lake shores 
 30.37  of the chain of lakes to improve water 
 30.38  quality, wildlife habitat, and decrease 
 30.39  erosion.  This appropriation must be 
 30.40  matched by at least $150,000 of 
 30.41  nonstate money. 
 30.42  (h) ATMOSPHERIC AND NONPOINT POLLUTION 
 30.43  TRENDS IN MINNESOTA LAKES                325,000 
 30.44  This appropriation is from the trust 
 30.45  fund to the pollution control agency to 
 30.46  document geographic and historic trends 
 30.47  in lake eutrophication and inputs of 
 30.48  toxic metals and organic pollutants 
 30.49  from land-use impacts and atmospheric 
 30.50  sources.  This appropriation is 
 30.51  available until June 30, 2000, at which 
 30.52  time the project must be completed and 
 30.53  final products delivered, unless an 
 30.54  earlier date is specified in the work 
 30.55  program. 
 30.56  Subd. 7.  Agricultural Practices 
 30.57  (a) BIOLOGICAL CONTROL OF 
 30.58  AGRICULTURAL PESTS                       200,000 
 30.59  This appropriation is from the trust 
 31.1   fund to the University of Minnesota to 
 31.2   accelerate using biological control of 
 31.3   pests in agricultural production 
 31.4   systems.  This appropriation is 
 31.5   available until June 30, 2000, at which 
 31.6   time the project must be completed and 
 31.7   final products delivered, unless an 
 31.8   earlier date is specified in the work 
 31.9   program. 
 31.10  (b) CROP MANAGEMENT TO MINIMIZE 
 31.11  PESTICIDE INPUTS                         300,000 
 31.12  This appropriation is from the trust 
 31.13  fund to the University of Minnesota to 
 31.14  develop nonpesticide management 
 31.15  strategies for pest control for crops. 
 31.16  (c) SUSTAINABLE FARMING SYSTEMS          560,000 
 31.17  This appropriation is from the trust 
 31.18  fund to the University of Minnesota for 
 31.19  a comprehensive program of 
 31.20  complementary on-farm and experiment 
 31.21  station research, demonstration, and 
 31.22  educational activities about the 
 31.23  economic and environmental effects of 
 31.24  sustainable farming systems. 
 31.25  (d) PRAIRIE-GRASSLAND LANDSCAPES         125,000 
 31.26  This appropriation is from the trust 
 31.27  fund to the commissioner of natural 
 31.28  resources for the second biennium to 
 31.29  implement grassland ecosystem 
 31.30  stewardship activities in the Glacial 
 31.31  Lake Agassiz Interbeach area in 
 31.32  cooperation with the resource 
 31.33  conservation and development councils. 
 31.34  (e) REDUCING MINNESOTA RIVER 
 31.35  POLLUTION FROM LACUSTRINE SOILS          250,000 
 31.36  This appropriation is from the future 
 31.37  resources fund to the commissioner of 
 31.38  agriculture in cooperation with the 
 31.39  University of Minnesota for the second 
 31.40  biennium to research the impact of 
 31.41  farming systems utilizing crop residue 
 31.42  for sediment control on lacustrine 
 31.43  landscapes in the Minnesota River Basin.
 31.44  (f) MERCURY MANOMETERS                   250,000 
 31.45  This appropriation is from the trust 
 31.46  fund to the commissioner of agriculture 
 31.47  for the purposes of Minnesota Statutes, 
 31.48  sections 17.861, 115A.932, and 116.92, 
 31.49  and is available until June 30, 1999. 
 31.50  Subd. 8.  Pollution Prevention 
 31.51  (a) TOXIC EMISSIONS FROM FIRE 
 31.52  TRAINING                                  65,000 
 31.53  This appropriation is from the trust 
 31.54  fund to metropolitan state university 
 31.55  to identify and quantify toxic 
 31.56  emissions from live-burn training in 
 31.57  acquired structures to evaluate and 
 31.58  propose alternatives.  This 
 32.1   appropriation is available until June 
 32.2   30, 2000, at which time the project 
 32.3   must be completed and final products 
 32.4   delivered, unless an earlier date is 
 32.5   specified in the work program. 
 32.6   (b) POLLUTION PREVENTION TRAINING 
 32.7   PROGRAM FOR INDUSTRIAL EMPLOYEES         250,000 
 32.8   This appropriation is from the future 
 32.9   resources fund to the director of the 
 32.10  office of environmental assistance for 
 32.11  agreements with Citizens for a Better 
 32.12  Environment and the University of 
 32.13  Minnesota to provide the training and 
 32.14  technical assistance needed for 
 32.15  pollution prevention by industrial 
 32.16  employees. 
 32.17  Subd. 9.  Impacts on Natural Resources 
 32.18  (a) GRANTS TO LOCAL GOVERNMENTS 
 32.19  TO ASSIST NATURAL RESOURCE
 32.20  DECISION MAKING                          150,000 
 32.21  This appropriation is from the future 
 32.22  resources fund to the board of water 
 32.23  and soil resources for matching grants 
 32.24  to local governments to help enable 
 32.25  incorporation of impacts on natural 
 32.26  resources into local decision making. 
 32.27  (b) EVALUATION OF URBAN GROWTH 
 32.28  ECONOMIC AND ENVIRONMENTAL 
 32.29  COSTS AND BENEFITS                       275,000 
 32.30  This appropriation is from the future 
 32.31  resources fund to the director of the 
 32.32  office of strategic and long-range 
 32.33  planning for an agreement with 
 32.34  Minnesotans for an energy-efficient 
 32.35  economy to evaluate the benefits, 
 32.36  costs, and environmental impacts of 
 32.37  alternative urban and rural growth 
 32.38  patterns. 
 32.39  (c) REINVENTING THE AGRICULTURAL LAND 
 32.40  PRESERVATION PROGRAM                     100,000 
 32.41  This appropriation is from the future 
 32.42  resources fund to the commissioner of 
 32.43  agriculture to evaluate the 
 32.44  effectiveness of Minnesota s 
 32.45  agricultural land preservation 
 32.46  programs, and identify and quantify 
 32.47  fiscal impacts of rural sprawl.  This 
 32.48  appropriation must be matched by at 
 32.49  least $100,000 of nonstate money or 
 32.50  money from the Minnesota conservation 
 32.51  fund. 
 32.52  (d) NEW MODELS FOR LAND-USE 
 32.53  PLANNING                                 530,000 
 32.54  This appropriation is from the trust 
 32.55  fund to the commissioner of natural 
 32.56  resources for an agreement with the 
 32.57  Land Stewardship Project for planning, 
 32.58  inventory, technical assistance, and 
 32.59  education addressing voluntary 
 32.60  easements, purchase, and transfer of 
 33.1   development rights to create a 
 33.2   protected green corridor in Washington 
 33.3   and Chisago counties.  Up to $30,000 is 
 33.4   to provide training in adapting 
 33.5   holistic resource management concepts 
 33.6   and principles for decision making in 
 33.7   land use planning. 
 33.8   (e) NORTH MINNEAPOLIS UPPER RIVER 
 33.9   MASTER PLAN                              300,000 
 33.10  This appropriation is from the future 
 33.11  resources fund to the commissioner of 
 33.12  natural resources for an agreement with 
 33.13  the Minneapolis Park and Recreation 
 33.14  Board to develop a master plan 
 33.15  addressing greenspace and trail 
 33.16  development, riverbank restoration, and 
 33.17  stimulation of river-oriented land uses 
 33.18  within a corridor along the east and 
 33.19  west banks of the Mississippi River 
 33.20  from Plymouth Avenue north to the 
 33.21  Minneapolis city limits.  This 
 33.22  appropriation must be matched by at 
 33.23  least $100,000 of nonstate money. 
 33.24  (f) PREVENTING STORMWATER RUNOFF 
 33.25  PROBLEMS THROUGH WATERSHED 
 33.26  LAND DESIGN                              250,000 
 33.27  This appropriation is from the future 
 33.28  resources fund to the University of 
 33.29  Minnesota to develop watershed-based 
 33.30  land design models for preserving 
 33.31  habitat and traditional patterns, and 
 33.32  preventing flooding and water quality 
 33.33  degradation. 
 33.34  (g) MILLER CREEK MANAGEMENT              100,000 
 33.35  This appropriation is from the future 
 33.36  resources fund to the board of water 
 33.37  and soil resources for agreements with 
 33.38  the Miller Creek Task Force and the 
 33.39  natural resources research institute.  
 33.40  At least $75,000 of this appropriation 
 33.41  is to the Miller Creek Task Force to 
 33.42  implement water quality improvement 
 33.43  activities on Miller Creek and must be 
 33.44  matched by at least $50,000 of nonstate 
 33.45  money.  Up to $25,000 is for an 
 33.46  agreement with the natural resources 
 33.47  research institute for research 
 33.48  activities and an additional $25,000 of 
 33.49  activity must be provided by the 
 33.50  natural resources research institute or 
 33.51  be provided by other sources.  This 
 33.52  appropriation is contingent on the 
 33.53  formation of a watershed district or a 
 33.54  joint powers agreement. 
 33.55  Subd. 10.  Decision-Making Tools 
 33.56  (a) COMPARATIVE RISKS OF MULTIPLE 
 33.57  CHEMICAL EXPOSURES                       150,000 
 33.58  This appropriation is from the future 
 33.59  resources fund to the commissioner of 
 33.60  health to develop comparative risk 
 33.61  information for managing exposures to 
 33.62  multiple environmental hazards from 
 34.1   measurements of pesticides, volatile 
 34.2   organic compounds, and metals in soil, 
 34.3   air, water, and food. 
 34.4   (b) METROPOLITAN AREA GROUNDWATER 
 34.5   MODEL                                    300,000 
 34.6   This appropriation is from the trust 
 34.7   fund to the pollution control agency 
 34.8   for the second biennium to improve and 
 34.9   refine the metropolitan groundwater 
 34.10  model to improve contaminant tracking, 
 34.11  cleanup evaluation, and overall 
 34.12  protection of groundwater resources. 
 34.13  (c) WOLF MANAGEMENT PLAN                 100,000 
 34.14  This appropriation is from the future 
 34.15  resources fund to the commissioner of 
 34.16  natural resources to develop a 
 34.17  management plan for Minnesota wolves, 
 34.18  to be ready for implementation if the 
 34.19  eastern timberwolf is removed from the 
 34.20  federal endangered species list. 
 34.21  (d) MINNESOTA RIVER BASIN NATURAL 
 34.22  RESOURCE DATA                            250,000 
 34.23  This appropriation is from the trust 
 34.24  fund to Mankato State University in 
 34.25  cooperation with the Minnesota River 
 34.26  Basin Joint Powers Board to prepare 
 34.27  geographic information system data sets 
 34.28  for the 1,208 minor watersheds, provide 
 34.29  Internet access to the data, and 
 34.30  outreach training.  This appropriation 
 34.31  must be matched by at least $100,000 of 
 34.32  nonstate money. 
 34.33  (e) LAND USE DEVELOPMENT AND NATURAL 
 34.34  RESOURCE PROTECTION MODEL                400,000 
 34.35  This appropriation is from the trust 
 34.36  fund to the commissioner of natural 
 34.37  resources for an agreement with the 
 34.38  city of Winona to develop a geographic 
 34.39  information system implementation tool 
 34.40  to assist in the evaluation of natural 
 34.41  resource protection in land use 
 34.42  decision making by local governments.  
 34.43  This appropriation must be matched by 
 34.44  at least $88,000 of nonstate money. 
 34.45  (f) STATEWIDE DIGITAL SOIL 
 34.46  DATABASE - PHASE I                       145,000 
 34.47  This appropriation is from the future 
 34.48  resources fund to the board of water 
 34.49  and soil resources for the first 
 34.50  biennium for a pilot program to 
 34.51  investigate methods to digitize data 
 34.52  from older soil surveys and to 
 34.53  coordinate soil survey digitizing in at 
 34.54  least one county on a 50 percent cost 
 34.55  share basis.  Up to $30,000 of this 
 34.56  appropriation is for digitization and 
 34.57  must be matched by nonstate money by 
 34.58  April 30, 1999. 
 34.59  (g) FILLMORE COUNTY SOIL 
 34.60  SURVEY UPDATE                             65,000 
 35.1   This appropriation is from the trust 
 35.2   fund to the board of water and soil 
 35.3   resources to provide half of the 
 35.4   nonfederal share for the second year of 
 35.5   a six-year project to update the 
 35.6   Fillmore county soil survey into a 
 35.7   digitized and manuscript format. 
 35.8   Subd. 11.  Public Access to Natural
 35.9   Resource Data 
 35.10  (a) FOUNDATIONS FOR INTEGRATED ACCESS 
 35.11  TO ENVIRONMENTAL INFORMATION             650,000 
 35.12  This appropriation is from the future 
 35.13  resources fund to the director of the 
 35.14  office of strategic and long-range 
 35.15  planning for a collaborative effort 
 35.16  among natural resource agencies to 
 35.17  design, develop, and test a solution to 
 35.18  provide integrated electronic access to 
 35.19  environmental and natural resource 
 35.20  data.  These data must be made 
 35.21  accessible and free to the public 
 35.22  unless made private under the Data 
 35.23  Practices Act. 
 35.24  (b) ELECTRONIC ACCESS TO MINNESOTA'S 
 35.25  NATIONAL REGISTER OF HISTORIC PLACES     150,000 
 35.26  This appropriation is from the trust 
 35.27  fund to the Minnesota Historical 
 35.28  Society to update and provide public 
 35.29  electronic access to information about 
 35.30  Minnesota's National Register 
 35.31  properties. 
 35.32  (c) PUBLIC ACCESS TO ARCHAEOLOGICAL 
 35.33  KNOWLEDGE                                200,000 
 35.34  This appropriation is from the future 
 35.35  resources fund to the Minnesota 
 35.36  Historical Society for an agreement 
 35.37  with the Institute for Minnesota 
 35.38  Archaeology to enhance and provide 
 35.39  public electronic access to regional 
 35.40  archaeological data that have been 
 35.41  acquired or maintained with public 
 35.42  money. 
 35.43  Subd. 12.  Sustainable Development 
 35.44  Activities 
 35.45  (a) SUSTAINABLE DEVELOPMENT ASSISTANCE 
 35.46  FOR MUNICIPALITIES THROUGH ELECTRIC 
 35.47  UTILITIES                                250,000 
 35.48  This appropriation is from the future 
 35.49  resources fund to the commissioner of 
 35.50  administration for an agreement with 
 35.51  the Minnesota Municipal Utilities 
 35.52  Association to provide decision-making 
 35.53  tools, technical information, and 
 35.54  expert assistance to advance 
 35.55  sustainable renewable energy and energy 
 35.56  efficiency developments and implement 
 35.57  demonstration projects in at least four 
 35.58  communities.  This appropriation must 
 35.59  be matched by at least $250,000 in 
 35.60  nonstate money. 
 36.1   (b) RENEWABLE ENERGY DEMONSTRATION 
 36.2   AND EDUCATION IN STATE PARKS             230,000 
 36.3   $80,000 of this appropriation is from 
 36.4   the trust fund and $150,000 is from oil 
 36.5   overcharge money to the commissioner of 
 36.6   natural resources for an agreement with 
 36.7   the Center for Energy and Environment 
 36.8   to demonstrate cost-effective 
 36.9   applications of renewable energy 
 36.10  technologies in state parks by 
 36.11  developing technology selection 
 36.12  guidelines, installing projects in 
 36.13  state parks, and providing public 
 36.14  renewable energy education.  This 
 36.15  appropriation is available until June 
 36.16  30, 2000, at which time the project 
 36.17  must be completed and final products 
 36.18  delivered, unless an earlier date is 
 36.19  specified in the work program. 
 36.20  (c) ALFALFA BIOMASS PRODUCTION           200,000 
 36.21  This appropriation is from the future 
 36.22  resources fund to the University of 
 36.23  Minnesota for the evaluation of the 
 36.24  environmental impacts and benefits of 
 36.25  the production of alfalfa for 
 36.26  electrical power generation.  This 
 36.27  appropriation is available until June 
 36.28  30, 2000, at which time the project 
 36.29  must be completed and final products 
 36.30  delivered, unless an earlier date is 
 36.31  specified in the work program. 
 36.32  (d) SUSTAINABLE DEVELOPMENT OF WIND 
 36.33  ENERGY ON FAMILY FARMS                   200,000 
 36.34  This appropriation is from the future 
 36.35  resources fund to the commissioner of 
 36.36  administration for an agreement with 
 36.37  the Sustainable Resources Center for 
 36.38  the second biennium to provide 
 36.39  technical assistance, wind assessment, 
 36.40  and technology transfer for the 
 36.41  development of wind energy harvesting. 
 36.42  (e) CONNECTING PEOPLE AND PLACES 
 36.43  THROUGH YELLOW BIKES                      95,000 
 36.44  This appropriation is from the future 
 36.45  resources fund to the office of 
 36.46  environmental assistance for an 
 36.47  agreement with the Yellow Bike 
 36.48  Coalition to expand and develop a 
 36.49  bicycle recycling and transportation 
 36.50  program in at least three cities. 
 36.51  (f) SUSTAINABLE GARDENING FOR MINNESOTA 
 36.52  HOMES AND COMMUNITIES                    400,000 
 36.53  This appropriation is from the future 
 36.54  resources fund to the commissioner of 
 36.55  natural resources for an agreement with 
 36.56  the Sustainable Resources Center for 
 36.57  the fifth biennium to accelerate 
 36.58  community garden programs through 
 36.59  technical assistance to encourage 
 36.60  ecologically sound landscape plantings 
 36.61  and maintenance.  Up to $60,000 is to 
 36.62  provide a link between sustainable 
 37.1   agriculture farmers and urban consumers.
 37.2   (g) EVALUATE RIPARIAN FORESTS FOR 
 37.3   THE MINNESOTA RIVER                      300,000 
 37.4   This appropriation is from the trust 
 37.5   fund.  $80,000 is to the commissioner 
 37.6   of natural resources, $210,000 is to 
 37.7   the University of Minnesota, and 
 37.8   $10,000 is to the commissioner of 
 37.9   agriculture to evaluate the impact of 
 37.10  planting trees on sensitive riparian 
 37.11  lands.  This appropriation must be 
 37.12  spent in cooperation with the Minnesota 
 37.13  River Basin Joint Powers Board.  This 
 37.14  appropriation is available until June 
 37.15  30, 2000, at which time the project 
 37.16  must be completed and final products 
 37.17  delivered, unless an earlier date is 
 37.18  specified in the work program. 
 37.19  (h) ECONOMICS FOR LASTING 
 37.20  PROGRESS                                 250,000 
 37.21  This appropriation is from the future 
 37.22  resources fund to the director of the 
 37.23  office of strategic and long-range 
 37.24  planning for an assessment of how 
 37.25  economic indicators and policies reward 
 37.26  or discourage pollution, employment, 
 37.27  and sustainable resource use in 
 37.28  Minnesota. 
 37.29  (i) SOY-BASED DIESEL FUEL 
 37.30  STUDY                                     75,000 
 37.31  This appropriation is from the trust 
 37.32  fund to the commissioner of 
 37.33  agriculture, in cooperation with one or 
 37.34  more commissioners of appropriate state 
 37.35  agencies, for a pilot project to test 
 37.36  the use of soy-based biodiesel fuel to 
 37.37  operate fleet vehicles.  The study must 
 37.38  include an analysis of the 
 37.39  environmental effects, operational 
 37.40  characteristics, and obstacles to widen 
 37.41  use of soy-based biodiesel. 
 37.42  Subd. 13.  Environmental Education 
 37.43  (a) SCHOOL NATURE AREA PROJECT 
 37.44  (SNAP)                                   250,000 
 37.45  This appropriation is from the trust 
 37.46  fund to the commissioner of natural 
 37.47  resources for an agreement with St. 
 37.48  Olaf College for the second biennium to 
 37.49  accelerate partnerships between 
 37.50  institutions of higher education and 
 37.51  schools to develop school nature areas 
 37.52  and demonstrate methods of ecological 
 37.53  enhancement for integration into school 
 37.54  curriculum. 
 37.55  (b) WATERSHED SCIENCE: INTEGRATED 
 37.56  RESEARCH AND EDUCATION PROGRAM           500,000 
 37.57  This appropriation is from the future 
 37.58  resources fund to the Science Museum of 
 37.59  Minnesota to establish a long-term 
 37.60  monitoring program for the Valley Creek 
 38.1   watershed, develop a public geographic 
 38.2   information system laboratory, and 
 38.3   watershed science education programs. 
 38.4   (c) MINNESOTA FROG WATCH                 300,000 
 38.5   This appropriation is from the trust 
 38.6   fund to the commissioner of natural 
 38.7   resources for an agreement with the 
 38.8   Center for Global Environmental 
 38.9   Education, Hamline University, for the 
 38.10  second biennium to accelerate the 
 38.11  Minnesota frog watch environmental 
 38.12  education and monitoring program for 
 38.13  youth and families in formal and 
 38.14  nonformal education settings.  This 
 38.15  appropriation is available until June 
 38.16  30, 2000, at which time the project 
 38.17  must be completed and final products 
 38.18  delivered, unless an earlier date is 
 38.19  specified in the work program. 
 38.20  (d) ENVIRONMENTAL SERVICE LEARNING 
 38.21  PROJECTS IN MINNEAPOLIS SCHOOLS          100,000 
 38.22  This appropriation is from the future 
 38.23  resources fund to the commissioner of 
 38.24  natural resources for an agreement with 
 38.25  Eco Education to provide training and 
 38.26  minigrants for student service learning 
 38.27  projects.  This appropriation is 
 38.28  available until June 30, 2000, at which 
 38.29  time the project must be completed and 
 38.30  final products delivered, unless an 
 38.31  earlier date is specified in the work 
 38.32  program. 
 38.33  (e) PARTNERS IN ACCESSIBLE RECREATION 
 38.34  AND ENVIRONMENTAL RESPONSIBILITY         550,000 
 38.35  This appropriation is from the trust 
 38.36  fund to the commissioner of natural 
 38.37  resources for an agreement with 
 38.38  Wilderness Inquiry for the second 
 38.39  biennium to provide a statewide program 
 38.40  of environmental education, outdoor 
 38.41  recreation, and inclusion of people 
 38.42  with disabilities and other minority 
 38.43  groups. 
 38.44  (f) ENVIRONMENTAL SERVICE 
 38.45  LEARNING                                 100,000 
 38.46  This appropriation is from the trust 
 38.47  fund to the commissioner of natural 
 38.48  resources for an agreement with Stowe 
 38.49  Environmental Elementary School to 
 38.50  develop a partnership of schools, 
 38.51  communities, and agencies for 
 38.52  environmental service learning projects.
 38.53  (g) STATE WOLF MANAGEMENT: ELECTRONICALLY 
 38.54  MODERATING THE PUBLIC DISCUSSION         100,000 
 38.55  This appropriation is from the trust 
 38.56  fund to the commissioner of natural 
 38.57  resources for an agreement with the 
 38.58  International Wolf Center to provide a 
 38.59  public electronic forum and information 
 38.60  on wolf management.  This appropriation 
 38.61  must be matched by at least $20,000 of 
 39.1   nonstate money. 
 39.2   (h) CATCH AND RELEASE                     20,000 
 39.3   This appropriation is from the future 
 39.4   resources fund to the commissioner of 
 39.5   natural resources for an agreement with 
 39.6   the Rainy Lake Sportfishing Club to 
 39.7   accelerate its catch and release 
 39.8   program.  This appropriation must be 
 39.9   matched by at least $10,000 of nonstate 
 39.10  contributions, either cash or in-kind. 
 39.11  (i) ELECTRONIC ENVIRONMENTAL 
 39.12  EDUCATION RAPTOR NETWORK                 222,000 
 39.13  This appropriation is from the trust 
 39.14  fund to the University of Minnesota 
 39.15  raptor center for the second biennium 
 39.16  to implement an electronic 
 39.17  environmental education network using 
 39.18  satellite tracking with birds of prey.  
 39.19  The raptor center must seek additional 
 39.20  public and private partnerships. 
 39.21  Subd. 14.  Benchmarks and Indicators 
 39.22  (a) ENVIRONMENTAL INDICATORS 
 39.23  INITIATIVE-CONTINUATION                  250,000 
 39.24  This appropriation is from the trust 
 39.25  fund to the commissioner of natural 
 39.26  resources for the second biennium of a 
 39.27  three biennium project to create a 
 39.28  statewide framework for selecting and 
 39.29  monitoring environmental indicators to 
 39.30  assess and communicate Minnesota's 
 39.31  environmental health status and trends. 
 39.32  (b) MINNESOTA'S FOREST BIRD DIVERSITY 
 39.33  INITIATIVE: CONTINUATION                 350,000 
 39.34  This appropriation is from the trust 
 39.35  fund to the commissioner of natural 
 39.36  resources for the fourth biennium of a 
 39.37  six-biennium project for a 
 39.38  comprehensive monitoring and research 
 39.39  program that develops management tools 
 39.40  to maintain forest bird diversity.  
 39.41  This appropriation is available until 
 39.42  June 30, 2000, at which time the 
 39.43  project must be completed and final 
 39.44  products delivered, unless an earlier 
 39.45  date is specified in the work program. 
 39.46  (c) WATER QUALITY INDICATORS OF 
 39.47  ENDOCRINE DISRUPTING CHEMICALS           250,000 
 39.48  This appropriation is from the trust 
 39.49  fund to the pollution control agency to 
 39.50  monitor and research the effects of 
 39.51  endocrine disrupting chemicals in 
 39.52  surface waters on fish and wildlife 
 39.53  through analysis of biological effects. 
 39.54  (d) STREAM HABITAT PROTECTION:  
 39.55  CONTINUATION                             225,000 
 39.56  This appropriation is from the trust 
 39.57  fund to the commissioner of natural 
 39.58  resources to accelerate the stream flow 
 40.1   protection program.  This is the third 
 40.2   biennium of a proposed eight-biennium 
 40.3   effort to establish a watershed level 
 40.4   stream habitat database and develop the 
 40.5   tools to set protected flows for 
 40.6   ecosystem diversity.  This 
 40.7   appropriation is available until June 
 40.8   30, 2000, at which time the project 
 40.9   must be completed and final products 
 40.10  delivered, unless an earlier date is 
 40.11  specified in the work program. 
 40.12  (e) WETLAND ECOSYSTEMS MONITORING        160,000 
 40.13  This appropriation is from the future 
 40.14  resources fund to the University of 
 40.15  Minnesota to monitor wetland 
 40.16  restorations for their ecological 
 40.17  success and develop a long-term 
 40.18  monitoring data base. 
 40.19  (f) LOONS:  INDICATORS OF MERCURY 
 40.20  IN THE ENVIRONMENT                       230,000 
 40.21  This appropriation is from the trust 
 40.22  fund to the University of Minnesota to 
 40.23  analyze loon exposure to mercury and 
 40.24  its effects on loon health and 
 40.25  reproduction in the wild. 
 40.26  (g) TRAINING AND RESEARCH VESSEL FOR 
 40.27  LAKE SUPERIOR                            250,000 
 40.28  $130,000 of this appropriation is from 
 40.29  the trust fund and $120,000 of this 
 40.30  appropriation is from the Great Lakes 
 40.31  protection account to the University of 
 40.32  Minnesota-Duluth to purchase a vessel 
 40.33  for training and research on Lake 
 40.34  Superior.  This appropriation must be 
 40.35  matched by at least $250,000 of 
 40.36  nonstate money.  This appropriation is 
 40.37  available until June 30, 2000, at which 
 40.38  time the project must be completed and 
 40.39  final products delivered, unless an 
 40.40  earlier date is specified in the work 
 40.41  program. 
 40.42  Subd. 15.  Native Fisheries 
 40.43  (a) IMPROVED DECISIONS FOR WALLEYE 
 40.44  STOCKING AND SPECIAL REGULATIONS         200,000 
 40.45  This appropriation is from the future 
 40.46  resources fund to the University of 
 40.47  Minnesota to evaluate outcomes of 
 40.48  various stocking and harvest strategies 
 40.49  through modeling and genetic marker 
 40.50  tracking of the best performing strains 
 40.51  to maximize benefits of walleye 
 40.52  stocking and harvest regulations on 
 40.53  individual lakes.  This appropriation 
 40.54  is available until June 30, 2000, at 
 40.55  which time the project must be 
 40.56  completed and final products delivered, 
 40.57  unless an earlier date is specified in 
 40.58  the work program. 
 40.59  (b) MINNESOTA RARE MUSSEL 
 40.60  CONSERVATION                              91,000 
 41.1   This appropriation is from the trust 
 41.2   fund to the University of Minnesota to 
 41.3   establish and monitor refugia in the 
 41.4   St. Croix river to improve freshwater 
 41.5   mussel conservation. 
 41.6   Subd. 16.  Land Acquisition in High 
 41.7   Growth Areas 
 41.8   (a) SAND DUNES STATE FOREST 
 41.9   ACQUISITION                              400,000 
 41.10  This appropriation is from the trust 
 41.11  fund to the commissioner of natural 
 41.12  resources to acquire approximately 200 
 41.13  acres of lands within the Sand Dunes 
 41.14  State Forest, according to the 
 41.15  Cambridge area forest resource 
 41.16  management plan. 
 41.17  (b) ARBORETUM LAND ACQUISITION           450,000 
 41.18  This appropriation is from the trust 
 41.19  fund to the University of Minnesota for 
 41.20  a grant to the University of Minnesota 
 41.21  Landscape Arboretum Foundation for the 
 41.22  second biennium for land acquisition to 
 41.23  expand the boundary of the Minnesota 
 41.24  Landscape Arboretum.  This 
 41.25  appropriation must be matched by at 
 41.26  least $450,000 of nonstate money 
 41.27  Subd. 17.  Critical Lands or Habitats 
 41.28  (a) SUSTAINABLE WOODLANDS ON PRIVATE 
 41.29  LANDS                                    875,000 
 41.30  This appropriation is from the future 
 41.31  resources fund to the commissioner of 
 41.32  natural resources, in cooperation with 
 41.33  the Minnesota Forestry Association, to 
 41.34  develop stewardship plans for private 
 41.35  landowners and implement natural 
 41.36  resource projects by providing matching 
 41.37  money to private landowners. 
 41.38  (b) CANNON RIVER WATERSHED: 
 41.39  INTEGRATED MANAGEMENT                    350,000 
 41.40  This appropriation is from the future 
 41.41  resources fund to the board of water 
 41.42  and soil resources for an agreement 
 41.43  with the Cannon River Watershed 
 41.44  Partnership for the third biennium to 
 41.45  implement activities in the Cannon 
 41.46  River watershed through easements, 
 41.47  matching grants, and technical 
 41.48  assistance. 
 41.49  (c) PRAIRIE HERITAGE PROJECT             500,000 
 41.50  This appropriation is from the trust 
 41.51  fund to the commissioner of natural 
 41.52  resources for an agreement with 
 41.53  Pheasants Forever, Inc., to acquire and 
 41.54  develop land for prairie grasslands and 
 41.55  wetlands to be donated to the public.  
 41.56  The land must be open and accessible to 
 41.57  the public.  This appropriation must be 
 41.58  matched by at least $500,000 of 
 41.59  nonstate money.  In addition to the 
 42.1   required work program, parcels may not 
 42.2   be acquired until parcel lists have 
 42.3   been submitted to the legislative 
 42.4   commission on Minnesota resources and 
 42.5   the commission has approved the parcel 
 42.6   list or allowed 60 days to pass. 
 42.7   (d) PHALEN AREA WETLAND 
 42.8   RESTORATION, PHASE II                    400,000 
 42.9   This appropriation is from the trust 
 42.10  fund to the commissioner of natural 
 42.11  resources for an agreement with the 
 42.12  city of St. Paul for design, pre- and 
 42.13  post-construction monitoring, and 
 42.14  construction of approximately nine 
 42.15  acres of wetland. 
 42.16  (e) POINT DOUGLAS BLUFFLAND 
 42.17  ACQUISITION                              525,000 
 42.18  This appropriation is from the future 
 42.19  resources fund to the commissioner of 
 42.20  natural resources for an agreement with 
 42.21  the Carpenter St. Croix Valley Nature 
 42.22  Center to purchase approximately 125 
 42.23  acres of blufflands in the Mississippi 
 42.24  and St. Croix riverways.  The land must 
 42.25  be open and accessible to the public.  
 42.26  The nature center must provide that the 
 42.27  property will forfeit to the state if 
 42.28  the property ceases to be used as a 
 42.29  nature center that is open and 
 42.30  accessible to the public.  This 
 42.31  appropriation is available until June 
 42.32  30, 2000, at which time the project 
 42.33  must be completed and final products 
 42.34  delivered, unless an earlier date is 
 42.35  specified in the work program. 
 42.36  (f) MINNESOTA POINT PROTECTION            75,000 
 42.37  This appropriation is from the future 
 42.38  resources fund to the commissioner of 
 42.39  natural resources for an agreement with 
 42.40  Park Point Community Club for 
 42.41  administrative and management expenses 
 42.42  to secure the protection of the old 
 42.43  growth stands and bird sanctuary at 
 42.44  Minnesota Point in Duluth. 
 42.45  (g) SAVANNA RESTORATION FOR 
 42.46  SHARP-TAILED GROUSE                       30,000 
 42.47  This appropriation is from the future 
 42.48  resources fund to the commissioner of 
 42.49  natural resources for an agreement with 
 42.50  the Minnesota Sharp-Tailed Grouse 
 42.51  Society to identify and inventory 
 42.52  restorable northern savannas for 
 42.53  sharp-tailed grouse habitat. 
 42.54  (h) RIM - CRITICAL HABITAT ACQUISITION 
 42.55  AND ENHANCEMENT                          830,000 
 42.56  This appropriation is from the trust 
 42.57  fund to the commissioner of natural 
 42.58  resources to accelerate the reinvest in 
 42.59  Minnesota program activities authorized 
 42.60  under Minnesota Statutes, section 
 42.61  84.943.  Projects must occur in both 
 43.1   urban and rural areas.  Retroactive 
 43.2   reimbursement for the greening the 
 43.3   great river park project is authorized. 
 43.4   (i) RIM - WILDLIFE HABITAT 
 43.5   STEWARDSHIP                              400,000 
 43.6   This appropriation is from the trust 
 43.7   fund to the commissioner of natural 
 43.8   resources to accelerate the reinvest in 
 43.9   Minnesota program to improve wildlife 
 43.10  habitat and natural plant communities 
 43.11  statewide on public lands, both urban 
 43.12  and rural, to protect and enhance 
 43.13  wildlife, native plant species, and 
 43.14  ecological diversity. 
 43.15  (j) SCIENTIFIC AND NATURAL AREA 
 43.16  ACQUISITION                              425,000 
 43.17  This appropriation is from the trust 
 43.18  fund to the commissioner of natural 
 43.19  resources to accelerate the acquisition 
 43.20  of land for scientific and natural 
 43.21  areas under Minnesota Statutes, section 
 43.22  84.033. 
 43.23  (k) RIM - WILDLIFE HABITAT 
 43.24  ACQUISITION                              500,000 
 43.25  This appropriation is from the trust 
 43.26  fund to the commissioner of natural 
 43.27  resources to accelerate acquisition of 
 43.28  North American waterfowl management 
 43.29  plan wetlands and associated uplands on 
 43.30  a cost-share basis and wildlife habitat 
 43.31  in areas of high population growth. 
 43.32  (l) RIM - ACCELERATE FISHERIES 
 43.33  ACQUISITION                              500,000 
 43.34  This appropriation is from the trust 
 43.35  fund to the commissioner of natural 
 43.36  resources to accelerate the reinvest in 
 43.37  Minnesota program to acquire land 
 43.38  adjacent to lakes and streams to 
 43.39  provide for angler and management 
 43.40  access or protection of critical 
 43.41  riparian habitat, including access for 
 43.42  nonboat owners and urban users.  This 
 43.43  appropriation is available until June 
 43.44  30, 2000, at which time the project 
 43.45  must be completed and final products 
 43.46  delivered, unless an earlier date is 
 43.47  specified in the work program. 
 43.48  (m) MINNESOTA COUNTY BIOLOGICAL 
 43.49  SURVEY - CONTINUATION                  1,200,000 
 43.50  This appropriation is from the trust 
 43.51  fund to the commissioner of natural 
 43.52  resources for the sixth biennium of a 
 43.53  proposed 12-biennium project to 
 43.54  accelerate the county biological survey 
 43.55  for the systematic collection, 
 43.56  interpretation, and distribution of 
 43.57  data on the ecology of rare plants, 
 43.58  animals, and natural communities. 
 43.59  (n) PEATLAND RESTORATION                 275,000 
 44.1   This appropriation is from the future 
 44.2   resources fund to the University of 
 44.3   Minnesota-Duluth, natural resources 
 44.4   research institute, to promote 
 44.5   reestablishment of diverse, sustainable 
 44.6   peatland ecosystems on harvested 
 44.7   peatland sites through accelerated 
 44.8   development of cost effective, reliable 
 44.9   peatland restoration techniques. 
 44.10  (o) FISHING PIER AND PUBLIC 
 44.11  SHORE ACCESS                             355,000 
 44.12  This appropriation is from the trust 
 44.13  fund to the commissioner of natural 
 44.14  resources to provide increased access 
 44.15  to lakes and rivers statewide through 
 44.16  the provision of fishing piers and 
 44.17  shoreline access. 
 44.18  (p) PUBLIC BOAT ACCESS                   350,000 
 44.19  This appropriation is from the trust 
 44.20  fund to the commissioner of natural 
 44.21  resources to accelerate public water 
 44.22  access acquisition and development 
 44.23  statewide. 
 44.24  (q) FISHERIES STATEWIDE HATCHERY 
 44.25  REHABILITATION                           400,000 
 44.26  This appropriation is from the trust 
 44.27  fund to the commissioner of natural 
 44.28  resources to accelerate the reinvest in 
 44.29  Minnesota program to implement projects 
 44.30  to maintain and improve statewide fish 
 44.31  culture facilities.  This appropriation 
 44.32  is available until June 30, 2000, at 
 44.33  which time the project must be 
 44.34  completed and final products delivered, 
 44.35  unless an earlier date is specified in 
 44.36  the work program. 
 44.37  Subd. 18.  Wildlife or Trail Corridors 
 44.38  (a) MESABI TRAIL LAND ACQUISITION 
 44.39  AND DEVELOPMENT                          600,000 
 44.40  This appropriation is from the future 
 44.41  resources fund to the commissioner of 
 44.42  natural resources for an agreement with 
 44.43  the St. Louis and Lake Counties 
 44.44  Regional Rail Authority for the third 
 44.45  biennium to develop and acquire 
 44.46  segments of the Mesabi trail.  This 
 44.47  appropriation must be matched by at 
 44.48  least $600,000 of nonstate money.  This 
 44.49  appropriation is available until June 
 44.50  30, 2000, at which time the project 
 44.51  must be completed and final products 
 44.52  delivered, unless an earlier date is 
 44.53  specified on the work program. 
 44.54  (b) CHIPPEWA COUNTY REGIONAL TRAIL       400,000 
 44.55  This appropriation is from the future 
 44.56  resources fund to the commissioner of 
 44.57  natural resources for an agreement with 
 44.58  the city of Montevideo for the second 
 44.59  biennium to complete the construction 
 44.60  of the Chippewa County trail system in 
 45.1   Montevideo.  This appropriation is 
 45.2   available until June 30, 2000, at which 
 45.3   time the project must be completed and 
 45.4   final products delivered, unless an 
 45.5   earlier date is specified on the work 
 45.6   program.  Notwithstanding subdivision 
 45.7   23, these funds are available to the 
 45.8   extent matched by nonstate money prior 
 45.9   to January 1, 1999. 
 45.10  Subd. 19.  Native Species Planting 
 45.11  (a) MINNESOTA RELEAF TREE PLANTING 
 45.12  AND PRESERVATION GRANT PROGRAM           300,000 
 45.13  This appropriation is from the future 
 45.14  resources fund to the commissioner of 
 45.15  natural resources for the third 
 45.16  biennium for matching grants to local 
 45.17  communities to plant predominantly 
 45.18  native trees and protect native oak 
 45.19  forests from oak wilt. 
 45.20  (b) RESTORING WHITE PINE IN THE 
 45.21  MINNESOTA LANDSCAPE                      120,000 
 45.22  This appropriation is from the trust 
 45.23  fund to the University of Minnesota to 
 45.24  investigate factors currently limiting 
 45.25  establishment of white pine seedlings 
 45.26  in various forest cover types.  
 45.27  Management recommendations for natural 
 45.28  regeneration, seeding, and planting 
 45.29  must be developed. 
 45.30  (c) PRAIRIE AND OAK SAVANNA 
 45.31  RESTORATION                               50,000 
 45.32  This appropriation is from the future 
 45.33  resources fund to the commissioner of 
 45.34  natural resources for an agreement with 
 45.35  the St. Paul Audubon Society to restore 
 45.36  natural areas of sites in at least two 
 45.37  parks that have residual prairie and 
 45.38  oak savanna areas. 
 45.39  Subd. 20.  Exotic Species 
 45.40  (a) BALLAST WATER TECHNOLOGY 
 45.41  DEMONSTRATION FOR EXOTIC 
 45.42  SPECIES CONTROL                          200,000 
 45.43  This appropriation is from the future 
 45.44  resources fund to the commissioner of 
 45.45  natural resources for a demonstration 
 45.46  project in cooperation with the Duluth 
 45.47  Port Authority to test, evaluate, and 
 45.48  refine techniques for preventing the 
 45.49  introduction and dispersal of exotic 
 45.50  species from ballast water into Lake 
 45.51  Superior. 
 45.52  (b) BIOLOGICAL CONTROL OF EURASIAN 
 45.53  WATER MILFOIL AND PURPLE 
 45.54  LOOSESTRIFE - CONTINUATION               150,000 
 45.55  This appropriation is from the trust 
 45.56  fund to the commissioner of natural 
 45.57  resources for the third biennium of a 
 45.58  five-biennium project to develop 
 45.59  biological controls for Eurasian water 
 46.1   milfoil and purple loosestrife.  This 
 46.2   appropriation is available until June 
 46.3   30, 2000, at which time the project 
 46.4   must be completed and final products 
 46.5   delivered, unless an earlier date is 
 46.6   specified in the work program. 
 46.7   (c) CONTROL OF WEEDS IN NATIVE 
 46.8   WILD RICE                                100,000 
 46.9   This appropriation is from the future 
 46.10  resources fund to the commissioner of 
 46.11  natural resources for an agreement with 
 46.12  Bois Forte Reservation for a Nett Lake 
 46.13  biocontrol study to remove exotic and 
 46.14  nuisance weeds from a wild rice lake.  
 46.15  Any release of organisms must be in 
 46.16  compliance with state and federal 
 46.17  permits.  This appropriation must be 
 46.18  matched by at least $100,000 of 
 46.19  nonstate money.  This appropriation is 
 46.20  available until June 30, 2000, at which 
 46.21  time the project must be completed and 
 46.22  final products delivered, unless an 
 46.23  earlier date is specified in the work 
 46.24  program. 
 46.25  Subd. 21.  Data Availability Requirements 
 46.26  (a) During the biennium ending June 30, 
 46.27  1999, the data collected by the 
 46.28  projects funded under this section that 
 46.29  have common value for natural resource 
 46.30  planning and management must conform to 
 46.31  information architecture as defined in 
 46.32  guidelines and standards adopted by the 
 46.33  information policy office and 
 46.34  government information access council.  
 46.35  These data must be made accessible and 
 46.36  free to the public unless made private 
 46.37  under the Data Practices Act.  
 46.38  (b) As part of their project 
 46.39  expenditures, recipients of land 
 46.40  acquisition appropriations must provide 
 46.41  the information necessary to update 
 46.42  public recreation information maps and 
 46.43  other appropriate media to the 
 46.44  department of natural resources in the 
 46.45  specified form. 
 46.46  Subd. 22.  Project Requirements 
 46.47  It is a condition of acceptance of the 
 46.48  appropriations in this section that any 
 46.49  agency or entity receiving the 
 46.50  appropriation must comply with 
 46.51  Minnesota Statutes, chapter 116P. 
 46.52  Subd. 23.  Match Requirements 
 46.53  Unless specifically authorized, 
 46.54  appropriations in this section that 
 46.55  must be matched and for which the match 
 46.56  has not been committed by January 1, 
 46.57  1998, are canceled, and in-kind 
 46.58  contributions may not be counted as 
 46.59  match. 
 46.60  Subd. 24.  Payment Conditions and 
 46.61  Capital Equipment Expenditures 
 47.1   All agreements, grants, or contracts 
 47.2   referred to in this section must be 
 47.3   administered on a reimbursement basis.  
 47.4   Notwithstanding Minnesota statutes, 
 47.5   section 16A.41, expenditures made on or 
 47.6   after July 1, 1997, or the date the 
 47.7   work program is approved, whichever is 
 47.8   later, are eligible for reimbursement.  
 47.9   Payment must be made upon receiving 
 47.10  documentation that project-eligible 
 47.11  reimbursable amounts have been 
 47.12  expended, except that reasonable 
 47.13  amounts may be advanced to projects in 
 47.14  order to accommodate cash flow needs. 
 47.15  The advances must be approved as part 
 47.16  of the work program.  No expenditures 
 47.17  for capital equipment are allowed 
 47.18  unless expressly authorized in the 
 47.19  project work program. 
 47.20  Subd. 25.  Purchase of Recycled and 
 47.21  Recyclable Materials 
 47.22  A political subdivision, public or 
 47.23  private corporation, or other entity 
 47.24  that receives an appropriation in this 
 47.25  section must use the appropriation in 
 47.26  compliance with Minnesota Statutes, 
 47.27  sections 16B.121 to 16B.123, requiring 
 47.28  the purchase of recycled, repairable, 
 47.29  and durable materials, the purchase of 
 47.30  uncoated paper stock, and the use of 
 47.31  soy-based ink, the same as if it were a 
 47.32  state agency. 
 47.33  Subd. 26.  Carryforward 
 47.34  (a) The availability of the 
 47.35  appropriations for the following 
 47.36  projects is extended to June 30, 1998: 
 47.37  Laws 1996, chapter 407, section 8, 
 47.38  subdivision 3, paragraph (c), local 
 47.39  grants; Laws 1995, chapter 220, section 
 47.40  19, subdivision 4, paragraph (e), local 
 47.41  grants, paragraph (l), Wildcat Regional 
 47.42  Park; subdivision 5, paragraph (d), 
 47.43  blufflands landscape, paragraph (f), 
 47.44  atmospheric mercury emissions, 
 47.45  deposition, and environmental cost 
 47.46  evaluation; and paragraph (r), 
 47.47  developing, evaluating, and promoting 
 47.48  sustainable farming systems; 
 47.49  subdivision 6, paragraph (b), 
 47.50  environmental education teacher 
 47.51  training, paragraph (g), electronic 
 47.52  environmental education network; and 
 47.53  paragraph (r), as amended by Laws 1996, 
 47.54  chapter 407, section 51, Ney 
 47.55  environmental center; and paragraph 
 47.56  (s), Lawndale environmental center; 
 47.57  subdivision 7, paragraph (f), 
 47.58  completion of statewide land use 
 47.59  update, paragraph (g), Fillmore county 
 47.60  soil survey update, paragraph (j), 
 47.61  microbial deterioration of asphalt 
 47.62  materials and prevention, and paragraph 
 47.63  (k), analysis of lands enrolled in 
 47.64  conservation reserve program; 
 47.65  subdivision 8, paragraph (a), urban 
 47.66  wildlife habitat program; subdivision 
 48.1   11, paragraph (e), energy improvements 
 48.2   in public ice arenas. 
 48.3   (b) The availability of the 
 48.4   appropriation for the following 
 48.5   projects is extended to June 30, 1999: 
 48.6   Laws 1995, chapter 220, section 19, 
 48.7   subdivision 4, paragraph (a), 
 48.8   metropolitan regional park system; 
 48.9   paragraph (g), clause (1), as amended 
 48.10  by Laws 1996, chapter 407, section 50, 
 48.11  local share for ISTEA federal projects; 
 48.12  and subdivision 12, paragraph (a) 
 48.13  restore historic Mississippi river mill 
 48.14  site; Laws 1994, chapter 632, article 
 48.15  2, section 6, Silver Bay harbor; and 
 48.16  Laws 1993, chapter 172, section 14, 
 48.17  subdivision 10, paragraph (o), Lake 
 48.18  Superior safe harbors-continuation. 
 48.19  Subd. 27.  Energy Conservation 
 48.20  A recipient to whom an appropriation is 
 48.21  made in this section for a capital 
 48.22  improvement project shall ensure that 
 48.23  the project complies with the 
 48.24  applicable energy conservation 
 48.25  standards contained in law, including 
 48.26  Minnesota Statutes, sections 216C.19 to 
 48.27  216C.21, and rules adopted thereunder.  
 48.28  The recipient may use the energy 
 48.29  planning and intervention and energy 
 48.30  technologies units of the commissioner 
 48.31  of public service to obtain information 
 48.32  and technical assistance on energy 
 48.33  conservation and alternative energy 
 48.34  development relating to the planning 
 48.35  and construction of the capital 
 48.36  improvement project. 
 48.37  Sec. 17.  ETHANOL DEVELOPMENT
 48.38  FUND TRANSFER                                     
 48.39  As cash flow in the ethanol development 
 48.40  fund under Minnesota Statutes, section 
 48.41  41B.044, permits, but no later than 
 48.42  June 30, 1999, the commissioner of 
 48.43  finance, in consultation with the 
 48.44  commissioner of agriculture, shall 
 48.45  transfer $1,320,000 from the 
 48.46  unencumbered balance in the fund to the 
 48.47  general fund. 
 48.48     Sec. 18.  [APPROPRIATION RESTRICTIONS; COMMISSIONER'S 
 48.49  OFFICE.] 
 48.50     No general fund appropriations in this act may be used to 
 48.51  pay for commissioner's office activities of the pollution 
 48.52  control agency, department of natural resources, and department 
 48.53  of agriculture. 
 48.54     Sec. 19.  Minnesota Statutes 1996, section 17.03, is 
 48.55  amended by adding a subdivision to read: 
 48.56     Subd. 12.  [CONTRACTS.] The commissioner may enter into 
 49.1   contracts with any public or private entity for the provision of 
 49.2   statutorily prescribed agricultural marketing and development 
 49.3   services by the department.  A contract must specify the 
 49.4   services to be provided and the amount and method of 
 49.5   reimbursement.  Funds generated in a contractual agreement under 
 49.6   this section must be deposited in a special revenue fund and are 
 49.7   appropriated to the department for purposes of providing 
 49.8   services specified in the contracts.  Contracts under this 
 49.9   section must be processed in accordance with section 16B.06.  
 49.10  The commissioner must report revenues collected and expenditures 
 49.11  made under this section to the chairs of the environment and 
 49.12  natural resources finance committee in the house of 
 49.13  representatives and the agriculture budget division in the 
 49.14  senate by January 15 of each odd-numbered year. 
 49.15     Sec. 20.  Minnesota Statutes 1996, section 17.101, is 
 49.16  amended to read: 
 49.17     17.101 [PROMOTIONAL ACTIVITIES.] 
 49.18     Subdivision 1.  [DEPARTMENTAL DUTIES.] For the purposes of 
 49.19  expanding, improving, and developing the markets for production 
 49.20  and marketing of products of Minnesota agriculture, the 
 49.21  commissioner shall encourage and promote the production and 
 49.22  marketing of these products by means of:  
 49.23     (a) advertising Minnesota agricultural products; 
 49.24     (b) assisting state agricultural commodity organizations; 
 49.25     (c) developing methods to increase processing and marketing 
 49.26  of agricultural commodities including commodities not being 
 49.27  produced in Minnesota on a commercial scale, but which may have 
 49.28  economic potential in national and international markets; 
 49.29     (d) investigating and identifying new marketing technology 
 49.30  and methods to enhance the competitive position of Minnesota 
 49.31  agricultural products; 
 49.32     (e) evaluating livestock marketing opportunities; 
 49.33     (f) assessing and developing national and international 
 49.34  markets for Minnesota agricultural products; 
 49.35     (g) studying the conversion of raw agricultural products to 
 49.36  manufactured products including ethanol; 
 50.1      (h) hosting the visits of foreign trade teams to Minnesota 
 50.2   and defraying the teams' expenses; 
 50.3      (i) assisting Minnesota agricultural businesses desiring to 
 50.4   sell their products; and 
 50.5      (j) conducting research to eliminate or reduce specific 
 50.6   production or technological barriers to market development and 
 50.7   trade; and 
 50.8      (k) other activities the commissioner deems appropriate to 
 50.9   promote Minnesota agricultural products, provided that the 
 50.10  activities do not duplicate programs or services provided by the 
 50.11  Minnesota trade division or the Minnesota world trade center 
 50.12  corporation. 
 50.13     Subd. 2.  [AGRICULTURAL DEVELOPMENT GRANTS AND CONTRACTS.] 
 50.14  In order to carry out the duties in subdivision 1, the 
 50.15  commissioner, in addition to whatever other resources the 
 50.16  department may commit, shall make grants and enter into 
 50.17  contracts to fulfill the obligations of subdivision 1.  The 
 50.18  commissioner may enter into partnerships or seek gifts to carry 
 50.19  out subdivision 1.  The commissioner may contract with, among 
 50.20  others, agricultural commodity organizations, the University of 
 50.21  Minnesota, and agriculture related businesses to fulfill the 
 50.22  duties.  The commissioner shall make permanent rules for the 
 50.23  administration of these grants and contracts.  The rules shall 
 50.24  specify at a minimum:  
 50.25     (a) eligibility criteria; 
 50.26     (b) application procedures; 
 50.27     (c) provisions for application review and project approval; 
 50.28     (d) provisions for program monitoring and review for all 
 50.29  approved grants and contracts; and 
 50.30     (e) other provisions the commissioner finds necessary.  
 50.31     Contracts entered into by the commissioner pursuant to this 
 50.32  subdivision shall not exceed 75 percent of the cost of the 
 50.33  project supported by the commissioner's grant.  In any biennium, 
 50.34  no organization shall receive more than $70,000 in grants from 
 50.35  the commissioner.  
 50.36     Subd. 3.  [AUDITS.] The books, records, documents, and 
 51.1   accounting procedures and practices of any organization 
 51.2   receiving a grant or contract from the commissioner under the 
 51.3   provisions of subdivision 2 shall be subject to examination by 
 51.4   the department.  The commissioner may prescribe uniform methods 
 51.5   of accounting to be used by grant or contract recipients.  
 51.6      Subd. 4.  [ADVISORY GROUP.] The commissioner may establish 
 51.7   an ad hoc advisory group to assist in evaluating grant requests 
 51.8   made pursuant to under subdivision 2. 
 51.9      Subd. 5.  [VALUE-ADDED AGRICULTURAL LIVESTOCK PROCESSING 
 51.10  AND MARKETING GRANT PROGRAM.] (a) For purposes of this section, 
 51.11  "livestock or dairy processing facility" means land, buildings, 
 51.12  structures, fixtures, and improvements located or to be located 
 51.13  in Minnesota and used or operated primarily for the processing 
 51.14  or production of marketable products from agricultural livestock 
 51.15  or dairy commodities produced.  
 51.16     (b) The commissioner shall establish and implement a 
 51.17  value-added agricultural livestock and dairy processing and 
 51.18  marketing grant program to help farmers finance new cooperatives 
 51.19  that organize for the purposes of operating livestock and dairy 
 51.20  processing facilities and for marketing activities related to 
 51.21  the sale and distribution of processed livestock and dairy 
 51.22  products.  
 51.23     (c) To be eligible for this program a grantee must:  
 51.24     (1) be a cooperative organized under chapter 308A; 
 51.25     (2) certify that all of the control and equity in the 
 51.26  cooperative is from farmers as defined in section 500.24, 
 51.27  subdivision 2, and actively engaged in livestock or dairy 
 51.28  production; 
 51.29     (3) be operated primarily for the processing of livestock 
 51.30  or dairy produced in Minnesota; 
 51.31     (4) receive livestock or dairy produced primarily by 
 51.32  shareholders or members of the cooperative; and 
 51.33     (5) have no direct or indirect involvement in the 
 51.34  production of livestock and dairy.  
 51.35     (d) The commissioner may receive applications from and make 
 51.36  grants up to $50,000 for feasibility, marketing analysis, and 
 52.1   predesign of facilities to eligible cooperatives.  The 
 52.2   commissioner shall give priority to applicants who use the 
 52.3   grants for planning costs related to an application for 
 52.4   assistance from the Farm Service Agency. 
 52.5      Sec. 21.  [17.110] [BEAVER DAMAGE CONTROL GRANTS.] 
 52.6      Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 52.7   agriculture shall establish a beaver damage control grant 
 52.8   program to provide grants for the control of beaver activities 
 52.9   causing damage to public waters, roads, and ditches and adjacent 
 52.10  private property.  The grants may only be made to a joint powers 
 52.11  board established under section 471.59 by two or more 
 52.12  governmental units and may include Indian tribal governments. 
 52.13     Subd. 2.  [GRANT AMOUNT.] The commissioner may provide up 
 52.14  to 50 percent of the costs of implementing a beaver damage 
 52.15  control program by a joint powers board. 
 52.16     Subd. 3.  [AWARDING OF GRANTS.] Applications for grants 
 52.17  must be made to the commissioner on forms prescribed by the 
 52.18  commissioner.  The commissioner shall consult with town 
 52.19  supervisors and county commissioners representing different 
 52.20  areas of the state in developing the application form.  A joint 
 52.21  powers board seeking a grant may be required to supply 
 52.22  information on the beaver control program it has adopted, the 
 52.23  extent of the problem in the geographic area covered by the 
 52.24  joint powers agreement, and the ability of the joint powers 
 52.25  board to match the state grant.  The commissioner may prioritize 
 52.26  the grant applications based upon the information requested as 
 52.27  part of the grant application. 
 52.28     Subd. 4.  [REPORT.] (a) Within one year after receiving a 
 52.29  grant under this section, a joint powers board must report to 
 52.30  the commissioner on the board's efforts to control beaver in the 
 52.31  area. 
 52.32     (b) The commissioner shall report to the senate and house 
 52.33  environment and natural resources committees on the efforts 
 52.34  under this section to control beaver by December 15 of each 
 52.35  even-numbered year. 
 52.36     Sec. 22.  Minnesota Statutes 1996, section 17.116, 
 53.1   subdivision 2, is amended to read: 
 53.2      Subd. 2.  [ELIGIBILITY.] (a) Grants may only be made to 
 53.3   farmers, educational institutions, individuals at educational 
 53.4   institutions, or nonprofit organizations residing or located in 
 53.5   the state for demonstrations on farms in the state. 
 53.6      (b) Grants may only be made for projects that show: 
 53.7      (1) the ability to maximize direct or indirect energy 
 53.8   savings or production; 
 53.9      (2) a positive effect or reduced adverse effect on the 
 53.10  environment; and 
 53.11     (3) profitability for the individual farm. 
 53.12     Sec. 23.  Minnesota Statutes 1996, section 17.116, 
 53.13  subdivision 3, is amended to read: 
 53.14     Subd. 3.  [AWARDING OF GRANTS.] (a) Applications for grants 
 53.15  must be made to the commissioner on forms prescribed by the 
 53.16  commissioner. 
 53.17     (b) The applications must be reviewed, ranked, and 
 53.18  recommended by a technical review panel appointed by the 
 53.19  commissioner.  The technical review panel shall consist of a 
 53.20  soil scientist, an agronomist, a representative from a 
 53.21  post-secondary educational institution, two resident farmers of 
 53.22  the state using sustainable agriculture methods, and a chair 
 53.23  from the department.  
 53.24     (c) The technical review panel shall rank applications 
 53.25  according to the following criteria: 
 53.26     (1) direct or indirect energy savings or production; 
 53.27     (2) environmental benefit; 
 53.28     (3) farm profitability; 
 53.29     (4) the number of farms able to apply the techniques or the 
 53.30  technology proposed; 
 53.31     (5) the effectiveness of the project as a demonstration; 
 53.32     (6) the immediate transferability of the project to farms; 
 53.33  and 
 53.34     (7) the ability of the project to accomplish its goals. 
 53.35     (d) The commissioner shall consider the recommendations of 
 53.36  the technical review panel and may award grants for eligible 
 54.1   projects.  Priority must be given to applicants who are farmers 
 54.2   or groups of farmers. 
 54.3      (e) Grants for eligible projects may not exceed $25,000 
 54.4   unless the portion above $25,000 is matched on an equal basis by 
 54.5   the applicant's cash or in-kind land use contribution.  Grant 
 54.6   funding of projects may not exceed $50,000 under this section, 
 54.7   but applicants may utilize other funding sources.  A portion of 
 54.8   each grant must be targeted for public information activities of 
 54.9   the project. 
 54.10     (f) A project may continue for up to three years.  
 54.11  Multiyear projects must be reevaluated by the technical review 
 54.12  panel and the commissioner before second or third year funding 
 54.13  is approved.  A project is limited to one grant for its funding. 
 54.14     (g) Only one grant under this section may be made per 
 54.15  grantee. 
 54.16     Sec. 24.  Minnesota Statutes 1996, section 17.4988, is 
 54.17  amended to read: 
 54.18     17.4988 [LICENSE AND INSPECTION FEES.] 
 54.19     Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A permit or 
 54.20  license must be issued by the commissioner if the requirements 
 54.21  of law are met and the license and permit fees specified in this 
 54.22  section are paid. 
 54.23     Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
 54.24  an aquatic farming license is $275. 
 54.25     (b) The aquatic farming license may contain endorsements 
 54.26  for the rights and privileges of the following licenses under 
 54.27  the game and fish laws.  The endorsement must be made upon 
 54.28  payment of the license fee prescribed in section 97A.475 for the 
 54.29  following licenses: 
 54.30     (1) minnow dealer license; 
 54.31     (2) minnow retailer license for sale of minnows as bait; 
 54.32     (3) minnow exporting license; 
 54.33     (4) minnow dealer helper license; 
 54.34     (5) aquatic farm vehicle endorsement, which includes a 
 54.35  minnow dealer vehicle license, a minnow retailer vehicle 
 54.36  license, an exporting minnow hauler vehicle license, and a fish 
 55.1   vendor vehicle license; 
 55.2      (6) (5) sucker egg taking license; and 
 55.3      (7) (6) game fish packers license. 
 55.4      Subd. 3.  [INSPECTION FEES.] The fees for the following 
 55.5   inspections are:  
 55.6      (1) initial inspection of each water to be licensed, $50; 
 55.7      (2) fish health inspection and certification, $20 
 55.8   plus $80 $100 per lot thereafter; and 
 55.9      (3) initial inspection for containment and quarantine 
 55.10  facility inspections, $50. 
 55.11     Subd. 4.  [AQUARIUM FACILITY.] (a) A person operating a 
 55.12  commercial aquarium facility must have a commercial aquarium 
 55.13  facility license issued by the commissioner if the facility 
 55.14  contains species of aquatic life that are for sale and that are 
 55.15  present in waters of the state.  The commissioner may require an 
 55.16  aquarium facility license for aquarium facilities importing or 
 55.17  holding species of aquatic life that are for sale and that are 
 55.18  not present in Minnesota if those species can survive in waters 
 55.19  of the state.  The fee for an aquarium facility license 
 55.20  is $15 $20. 
 55.21     (b) Game fish transferred by an aquarium facility must be 
 55.22  accompanied by a receipt containing the information required on 
 55.23  a shipping document by section 17.4985, subdivision 3, paragraph 
 55.24  (b). 
 55.25     Sec. 25.  Minnesota Statutes 1996, section 17.76, is 
 55.26  amended to read: 
 55.27     17.76 [MINNESOTA DAIRY PRODUCERS AND CONSUMERS BOARD.] 
 55.28     Subdivision 1.  [ESTABLISHMENT; COMPOSITION; OFFICERS.] (a) 
 55.29  The Minnesota dairy producers and consumers board consists of 17 
 55.30  members.  Fourteen of the members must be eligible family dairy 
 55.31  producers. Three of the members must represent food consumer 
 55.32  groups.  For purposes of this section, "eligible family dairy 
 55.33  producer" means a natural person who daily manages and operates 
 55.34  a dairy farm owned by the person.  "Eligible family dairy 
 55.35  producer" does not include a person who is currently an employee 
 55.36  of or a member of the board of directors of an organization 
 56.1   involved in milk processing or dairy marketing. 
 56.2      (b) The board shall elect from among its members a chair 
 56.3   and other appropriate officers. 
 56.4      Subd. 2.  [APPOINTMENT; TERMS; COMPENSATION.] (a) Two 
 56.5   members of the board shall be appointed by each of seven 
 56.6   organizations representing agriculture in Minnesota.  The 
 56.7   organizations are: 
 56.8      Minnesota Farmers Union; 
 56.9      National Farmers Organization; 
 56.10     Farmers Union Milk Marketing Cooperative; 
 56.11     Minnesota Milk Producers; 
 56.12     Sustainable Farming Association of Minnesota; 
 56.13     Minnesota Farm Bureau; and 
 56.14     Minnesota COACT. 
 56.15     One member of the board shall be appointed by each of three 
 56.16  organizations representing consumers in Minnesota.  The 
 56.17  organizations are: 
 56.18     Minnesota Food Association; 
 56.19     Minnesota Senior Federation; and 
 56.20     Minnesota COACT. 
 56.21     To the extent practicable, the members must be selected to 
 56.22  represent the broad diversity of Minnesota's dairy producers. 
 56.23     (b) The terms and compensation of members and reimbursement 
 56.24  for their expenses is governed by section 15.059. 
 56.25     (c) The board expires on June 30, 2001. 
 56.26     Subd. 3.  [DUTIES.] (a) The board shall may monitor 
 56.27  economic aspects of the dairy production, processing, and 
 56.28  marketing process including: 
 56.29     (1) the movement of milk by processors; 
 56.30     (2) price setting at the Green Bay, Wisconsin, National 
 56.31  Cheese Exchange in Chicago; 
 56.32     (3) processor pricing schemes methods; 
 56.33     (4) producer checkoffs and the use of checkoff funds; 
 56.34     (5) federal and state pricing policy; and 
 56.35     (6) other activities that affect the farm gate price of raw 
 56.36  milk. 
 57.1      (b) The board shall may regularly educate producers, 
 57.2   processors, consumers, and policymakers about the reasons for 
 57.3   inadequate raw milk prices. 
 57.4      (c) The board shall may conduct quarterly surveys of dairy 
 57.5   producers to identify problems created by milk prices that do 
 57.6   not provide a fair return on the investment of producers.  The 
 57.7   board must may compile the information from these surveys and 
 57.8   recommend solutions to producers. 
 57.9      (d) The board shall may determine dairy production costs in 
 57.10  each county through periodic surveys and from local 
 57.11  organizations of producers. 
 57.12     (e) The board shall serve as an advocate for dairy 
 57.13  producers in assuring that members of cooperatives are awarded 
 57.14  protections similar to the rights of members of cooperative 
 57.15  electric associations under section 216B.027. 
 57.16     Sec. 26.  [17.861] [REPLACEMENT OF MERCURY MANOMETERS.] 
 57.17     The commissioner, in cooperation with the pollution control 
 57.18  agency, the office of environmental assistance, dairy equipment 
 57.19  manufacturers and suppliers, and other interested parties, shall 
 57.20  develop a program to provide replacement nonmercury manometers 
 57.21  for a $50 fee and to arrange for the acceptance, disposal, and 
 57.22  recycling of the mercury, apparatus, and manometers at no cost 
 57.23  to the dairy farmer.  The mercury, manometers, and apparatus 
 57.24  shall be managed in accordance with sections 115A.932 and 116.92.
 57.25     Sec. 27.  Minnesota Statutes 1996, section 18.79, is 
 57.26  amended by adding a subdivision to read: 
 57.27     Subd. 12.  [NOXIOUS-WEED-FREE FORAGE AND MULCH 
 57.28  CERTIFICATION AGENCY.] The official certification agency for 
 57.29  noxious-weed-free forage and mulch shall be determined by the 
 57.30  commissioner of agriculture in consultation with the director of 
 57.31  the Minnesota agricultural experiment station. 
 57.32     Sec. 28.  Minnesota Statutes 1996, section 18C.421, 
 57.33  subdivision 1, is amended to read: 
 57.34     Subdivision 1.  [SEMIANNUAL STATEMENT.] (a) Each licensed 
 57.35  distributor of fertilizer and each registrant of a specialty 
 57.36  fertilizer, soil amendment, or plant amendment must file a 
 58.1   semiannual statement for the periods ending December 31 and June 
 58.2   30 with the commissioner on forms furnished by the commissioner 
 58.3   stating the number of net tons and grade of each raw fertilizer 
 58.4   material distributed or the number of net tons of each brand or 
 58.5   grade of fertilizer, soil amendment, or plant amendment 
 58.6   distributed in this state during the reporting period. 
 58.7      (b) A report from a licensee who sells to an ultimate 
 58.8   consumer must be accompanied by records or invoice copies 
 58.9   indicating the name of the distributor who paid the inspection 
 58.10  fee, the net tons received, and the grade or brand name of the 
 58.11  products received.  
 58.12     (c) The report is due on or before the last day of the 
 58.13  month following the close of each reporting period of each 
 58.14  calendar year.  
 58.15     (d) The inspection fee at the rate stated in section 
 58.16  18C.425, subdivision 6, must accompany the statement.  
 58.17     Sec. 29.  Minnesota Statutes 1996, section 18C.425, 
 58.18  subdivision 1, is amended to read: 
 58.19     Subdivision 1.  [APPLICATION FEES FERTILIZER LICENSE.] (a) 
 58.20  An application for other licenses a license for each fixed 
 58.21  location to be covered by the license within the state must be 
 58.22  accompanied by a nonrefundable application fee of $100 fee. 
 58.23     (b) An application for a license for all fixed locations of 
 58.24  a firm outside of the state must be accompanied by 
 58.25  a nonrefundable application fee of $100. 
 58.26     (c) An application for a license to cover mobile mechanical 
 58.27  units must be accompanied by a nonrefundable application fee of 
 58.28  $100 for the first unit operated by one distributor and $50 for 
 58.29  each additional mobile mechanical unit.  
 58.30     Sec. 30.  Minnesota Statutes 1996, section 18C.425, 
 58.31  subdivision 2, is amended to read: 
 58.32     Subd. 2.  [SPECIALTY FERTILIZER REGISTRATION.] An 
 58.33  application for registration of a specialty fertilizer must be 
 58.34  accompanied by a registration nonrefundable application fee of 
 58.35  $100 for each brand and grade to be sold or distributed as 
 58.36  provided in section 18C.411.  
 59.1      Sec. 31.  Minnesota Statutes 1996, section 18C.425, 
 59.2   subdivision 3, is amended to read: 
 59.3      Subd. 3.  [SOIL AMENDMENT AND PLANT AMENDMENT 
 59.4   REGISTRATION.] An application for registration of a soil 
 59.5   amendment or plant amendment must be accompanied by a 
 59.6   registration nonrefundable application fee of $200 for each 
 59.7   brand sold or distributed as provided in section 18C.411. 
 59.8      Sec. 32.  Minnesota Statutes 1996, section 18C.425, 
 59.9   subdivision 6, is amended to read: 
 59.10     Subd. 6.  [INSPECTION FEES.] A The person who sells or 
 59.11  distributes responsible for payment of the inspection fees for 
 59.12  fertilizers, soil amendments, or plant amendments sold and used 
 59.13  in this state must pay an inspection fee amounting to the 
 59.14  greater of 15 25 cents per ton of fertilizer, soil amendment, 
 59.15  and plant amendment sold or distributed in this state or, with a 
 59.16  minimum of $10 on all tonnage reports.  Products sold or 
 59.17  distributed to manufacturers or exchanged between them are 
 59.18  exempt from the inspection fee imposed by this subdivision if 
 59.19  the products are used exclusively for manufacturing purposes. 
 59.20     Sec. 33.  Minnesota Statutes 1996, section 18C.531, 
 59.21  subdivision 2, is amended to read: 
 59.22     Subd. 2.  [AGRICULTURAL LIMING MATERIALS.] "Agricultural 
 59.23  liming materials" means materials whose calcium or magnesium 
 59.24  compounds, or both, account for an ENP of 30 20 percent or more 
 59.25  and includes, but is not limited to, burnt lime, hydrated lime, 
 59.26  industrial by-product, limestone, and marl.  
 59.27     Sec. 34.  Minnesota Statutes 1996, section 18C.551, is 
 59.28  amended to read: 
 59.29     18C.551 [LICENSE APPLICATION, SAMPLING, AND INSPECTION 
 59.30  FEES.] 
 59.31     Subdivision 1.  [APPLICATION FEE AGRICULTURAL LIMING 
 59.32  MATERIALS LICENSE.] An application for a license must be 
 59.33  accompanied by a nonrefundable license application fee of $150.  
 59.34  This fee shall does not apply to occasional sales of 50 tons or 
 59.35  less on an annual basis.  
 59.36     Subd. 2.  [ADDITIONAL FEE AFTER JANUARY 1 FOR LATE 
 60.1   APPLICATION.] If an application for license renewal is not filed 
 60.2   before January 1, an additional nonrefundable application fee of 
 60.3   50 percent of the amount due may be assessed before the renewal 
 60.4   license is issued. 
 60.5      Subd. 2a.  [FEE FOR PRODUCT USE WITHOUT INITIAL 
 60.6   LICENSE.] An applicant shall pay an additional application fee 
 60.7   equal to the amount due for each license required if the 
 60.8   applicant has distributed or used products in this state before 
 60.9   the commissioner has issued an initial license for the products 
 60.10  distributed or used. 
 60.11     Subd. 3.  [INSPECTION FEES.] A person shall pay an 
 60.12  inspection fee, at the rate of five cents per ton, must be paid 
 60.13  to the commissioner for all agricultural liming material offered 
 60.14  for sale or sold in this state with a minimum of $10 on all 
 60.15  tonnage reports.  If more than one person is involved in the 
 60.16  distribution of agricultural liming material, the person who 
 60.17  first sells or imports the agricultural liming material is 
 60.18  responsible for the inspection fee.  A person licensed under 
 60.19  section 18C.541 must retain invoices showing proof of inspection 
 60.20  fees paid.  
 60.21     Subd. 4.  [SAMPLE AND ANALYSIS FEE.] The commissioner may 
 60.22  sample agricultural liming material from a source of production 
 60.23  to the extent the commissioner considers necessary to implement 
 60.24  sections 18C.531 to 18C.575.  The commissioner shall charge a 
 60.25  sampling fee of $40 must be assessed for each sample collected.  
 60.26  If the sample and analysis fee is not paid before 60 days after 
 60.27  billing, the commissioner shall assess an additional 
 60.28  nonrefundable late payment fee of 50 percent of the total sample 
 60.29  and analysis fee due. 
 60.30     Subd. 5.  [DEPOSIT OF FEES.] Fees and penalties collected 
 60.31  under sections 18C.531 to 18C.575 must be deposited in the 
 60.32  general fund.  
 60.33     Sec. 35.  Minnesota Statutes 1996, section 25.31, is 
 60.34  amended to read: 
 60.35     25.31 [CITATION, COMMERCIAL FEED LAW.] 
 60.36     Sections 25.31 to 25.44 shall be 25.43 are known and may be 
 61.1   cited as the Minnesota Commercial Feed Law. 
 61.2      Sec. 36.  Minnesota Statutes 1996, section 25.32, is 
 61.3   amended to read: 
 61.4      25.32 [ENFORCING OFFICIAL.] 
 61.5      Sections 25.31 to 25.44 25.43 shall be administered by the 
 61.6   commissioner of the department of agriculture, hereinafter 
 61.7   referred to as the "commissioner". 
 61.8      Sec. 37.  Minnesota Statutes 1996, section 25.33, 
 61.9   subdivision 1, is amended to read: 
 61.10     Subdivision 1.  [SCOPE.] When used in sections 25.31 to 
 61.11  25.44 25.43, the terms defined in this section have the meanings 
 61.12  given them. 
 61.13     Sec. 38.  Minnesota Statutes 1996, section 25.33, 
 61.14  subdivision 5, is amended to read: 
 61.15     Subd. 5.  [COMMERCIAL FEED.] "Commercial feed" means all 
 61.16  materials except or combinations of materials that are 
 61.17  distributed or intended to be distributed for use as feed or for 
 61.18  mixing in feed, including feed for aquatic animals, unless the 
 61.19  materials are specifically exempted.  Unmixed seed, whole or 
 61.20  processed, when seeds and physically altered entire unmixed 
 61.21  seeds, if the whole or physically altered seeds are not 
 61.22  chemically changed or are not adulterated within the meaning of 
 61.23  section 25.37, paragraphs paragraph (a), (b), (c), or (d) which 
 61.24  are distributed for use as feed or for mixing in feed, including 
 61.25  feed for aquatic animals are exempt.  The commissioner by rule 
 61.26  may exempt from this definition, or from specific provisions of 
 61.27  sections 25.31 to 25.44 25.43, commodities such as hay, straw, 
 61.28  stover, silage, cobs, husks, hulls, and individual chemical 
 61.29  compounds or substances when such if those commodities, 
 61.30  compounds, or substances are not intermixed with other 
 61.31  materials, and are not adulterated within the meaning of section 
 61.32  25.37, paragraphs paragraph (a), (b), (c), or (d). 
 61.33     Sec. 39.  Minnesota Statutes 1996, section 25.33, 
 61.34  subdivision 6, is amended to read: 
 61.35     Subd. 6.  [FEED INGREDIENT.] "Feed ingredient" means each 
 61.36  of the constituent materials making up a commercial feed or pet 
 62.1   food.  
 62.2      Sec. 40.  Minnesota Statutes 1996, section 25.33, 
 62.3   subdivision 9, is amended to read: 
 62.4      Subd. 9.  [CUSTOMER FORMULA FEED.] "Customer formula feed" 
 62.5   means commercial feed which consists of a mixture of commercial 
 62.6   feeds or feed ingredients or both, each batch of which is 
 62.7   manufactured according to the specific instructions of the final 
 62.8   purchaser.  
 62.9      Sec. 41.  Minnesota Statutes 1996, section 25.33, 
 62.10  subdivision 20, is amended to read: 
 62.11     Subd. 20.  [PET.] "Pet" means any a domesticated animal dog 
 62.12  or cat normally maintained in or near the household of the its 
 62.13  owner thereof.  
 62.14     Sec. 42.  Minnesota Statutes 1996, section 25.33, is 
 62.15  amended by adding a subdivision to read: 
 62.16     Subd. 21.  [COMMISSIONER.] "Commissioner" means the 
 62.17  commissioner of agriculture or a designated representative. 
 62.18     Sec. 43.  Minnesota Statutes 1996, section 25.33, is 
 62.19  amended by adding a subdivision to read:  
 62.20     Subd. 22.  [SPECIALTY PET.] "Specialty pet" means a 
 62.21  domesticated animal normally maintained in a cage or tank, 
 62.22  including, but not limited to, a gerbil, hamster, canary, 
 62.23  psittacine bird, mynah, finch, tropical fish, goldfish, snake, 
 62.24  or turtle.  "Specialty pet" does not include a dog, cat, horse, 
 62.25  rabbit, or wild bird.  
 62.26     Sec. 44.  Minnesota Statutes 1996, section 25.33, is 
 62.27  amended by adding a subdivision to read: 
 62.28     Subd. 23.  [SPECIALTY PET FOOD.] "Specialty pet food" means 
 62.29  commercial feed prepared and distributed for consumption by 
 62.30  specialty pets. 
 62.31     Sec. 45.  Minnesota Statutes 1996, section 25.33, is 
 62.32  amended by adding a subdivision to read:  
 62.33     Subd. 24.  [QUANTITY STATEMENT.] "Quantity statement" means 
 62.34  a statement of the net weight (mass), net volume (liquid or 
 62.35  dry), count, or other form of measurement. 
 62.36     Sec. 46.  [25.341] [LICENSING.] 
 63.1      Subdivision 1.  [REQUIREMENT.] Before a person may:  (1) 
 63.2   manufacture a commercial feed in the state; (2) distribute a 
 63.3   commercial feed in or into the state; or (3) have the person's 
 63.4   name appear on the label of a commercial feed as guarantor, the 
 63.5   person must have a commercial feed license for each 
 63.6   manufacturing or distributing facility.  A person who makes only 
 63.7   retail sales of commercial feed bearing labeling or another 
 63.8   approved indication that the commercial feed is from a licensed 
 63.9   manufacturer, guarantor, or distributor who has assumed full 
 63.10  responsibility for the tonnage inspection fee due under sections 
 63.11  25.31 to 25.43 is not required to obtain a license.  
 63.12     Subd. 2.  [APPLICATION; FEE; TERM.] A person who is 
 63.13  required to have a commercial feed license shall submit an 
 63.14  application on a form provided or approved by the commissioner 
 63.15  accompanied by a license fee of $25 paid to the commissioner for 
 63.16  each facility.  The license year is the calendar year.  A 
 63.17  license expires on December 31 of the year for which it is 
 63.18  issued, except that a license is valid through January 31 of the 
 63.19  next year or until the issuance of the renewal license, 
 63.20  whichever comes first, if the licensee has filed a renewal 
 63.21  application with the commissioner on or before December 31 of 
 63.22  the year for which the current license was issued.  A new 
 63.23  applicant who fails to obtain a license within 15 working days 
 63.24  of notification of the requirement to obtain a license, or a 
 63.25  licensee who fails to comply with license renewal requirements, 
 63.26  shall pay a $50 late fee in addition to the license fee.  The 
 63.27  commissioner may issue a withdrawal from distribution order on 
 63.28  any commercial feed that an unlicensed person produces or 
 63.29  distributes in the state until a license is issued.  
 63.30     Subd. 3.  [COPIES OF LABELS.] The commissioner may request 
 63.31  from a licensee copies of labels and labeling in order to 
 63.32  determine compliance with sections 25.31 to 25.43.  
 63.33     Subd. 4.  [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The 
 63.34  commissioner may deny a license to a person or suspend or revoke 
 63.35  the license of a person who is not in compliance with sections 
 63.36  25.31 to 25.43.  The commissioner may impose conditions that 
 64.1   limit production or distribution of a particular commercial feed 
 64.2   on the license of a person who is not in compliance with 
 64.3   sections 25.31 to 25.43.  A license may not be conditionalized, 
 64.4   suspended, refused, or revoked unless the applicant or licensee 
 64.5   has been given an opportunity to be heard before the 
 64.6   commissioner in order to comply with the requirements of 
 64.7   sections 25.31 to 25.43.  
 64.8      Sec. 47.  Minnesota Statutes 1996, section 25.35, is 
 64.9   amended to read: 
 64.10     25.35 [LABELING.] 
 64.11     A commercial feed shall be labeled as follows: 
 64.12     (a) In case of A commercial feed, except a customer formula 
 64.13  feed, it shall must be accompanied by a label bearing the 
 64.14  following information: 
 64.15     (1) The net weight. 
 64.16     (2) the product name and the brand name, if any, under 
 64.17  which the commercial feed is distributed.; 
 64.18     (3) (2) the guaranteed analysis, stated in such terms as 
 64.19  the commissioner requires by rule determines is required, to 
 64.20  advise the user of the composition of the feed or to support 
 64.21  claims made in the labeling.  In all cases The substances or 
 64.22  elements must be determinable by laboratory methods such as the 
 64.23  methods published by the Association of Official Analytical 
 64.24  Chemists. AOAC International or other generally recognized 
 64.25  methods; 
 64.26     (4) (3) the common or usual name of each ingredient used in 
 64.27  the manufacture of the commercial feed.  The commissioner may by 
 64.28  rule permit the use of a collective term for a group of 
 64.29  ingredients which perform a similar function, or may exempt such 
 64.30  commercial feeds, or any group thereof, of commercial feeds from 
 64.31  this requirement of an ingredient statement on finding that such 
 64.32  an ingredient statement is not required in the interest of 
 64.33  consumers.; 
 64.34     (5) (4) the name and principal mailing address of the 
 64.35  manufacturer or the person responsible for distributing the 
 64.36  commercial feed.; 
 65.1      (6) (5) adequate directions for use for all commercial 
 65.2   feeds containing drugs and for such other feeds as the 
 65.3   commissioner may require by rule as necessary for their safe and 
 65.4   effective use.; 
 65.5      (7) Such (6) precautionary statements as which the 
 65.6   commissioner determines by rule determines are necessary for the 
 65.7   safe and effective use of the commercial feed; and 
 65.8      (7) a quantity statement.  
 65.9      (b) In the case of A customer formula feed, it shall must 
 65.10  be accompanied by a label, invoice, delivery slip, or other 
 65.11  shipping document, bearing the following information: 
 65.12     (1) name and address of the manufacturer.; 
 65.13     (2) name and address of the purchaser.; 
 65.14     (3) date of delivery.; 
 65.15     (4) the product name and brand name, if any, and either 
 65.16  (1) (i) the net weight quantity of each registered commercial 
 65.17  feed used in the mixture, and the net weight of each other 
 65.18  ingredient used in the mixture, or (2) (ii) a guaranteed 
 65.19  analysis and list of ingredients in paragraph (A), (3) and 
 65.20  (4). (a), clauses (2) and (3); 
 65.21     (5) adequate directions for use for all customer formula 
 65.22  feeds containing drugs and for such other feeds as the 
 65.23  commissioner may require requires by rule as necessary for their 
 65.24  safe and effective use.; 
 65.25     (6) Such precautionary statements as the commissioner 
 65.26  determines by rule determines are necessary for the safe and 
 65.27  effective use of the customer formula feed.; 
 65.28     (7) if a product containing a drug is used:  
 65.29     (i) the purpose of the medication (claim statement); and 
 65.30     (ii) the established name of each active drug ingredient 
 65.31  and the level of each drug used in the final mixture expressed 
 65.32  in a manner required by the commissioner by rule; and 
 65.33     (8) for a customer formula feed for which the formula is 
 65.34  developed by someone other than the manufacturer, a disclaimer 
 65.35  may be included on the label stating "THIS FEED IS A CUSTOMER 
 65.36  FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER.  
 66.1   THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR 
 66.2   GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY 
 66.3   OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS 
 66.4   INTENDED PURPOSE." 
 66.5      (c) The manufacturer of a customer formula feed the formula 
 66.6   of which is developed by someone other than the manufacturer is 
 66.7   not responsible or liable for the nutritional adequacy or the 
 66.8   nutritional suitability of the feed for its intended purpose if: 
 66.9   (1) the manufacturer does not make a claim of nutritional 
 66.10  adequacy for the customer formula feed and does not make a claim 
 66.11  for nutritional suitability of the feed for its intended 
 66.12  purpose; and (2) the manufacturer includes the disclaimer in 
 66.13  paragraph (b), clause (8).  A person other than the manufacturer 
 66.14  who develops or recommends a formula for a customer formula feed 
 66.15  is responsible for providing to the manufacturer of the feed the 
 66.16  appropriate labeling information and for providing the 
 66.17  appropriate use information to the feed manufacturer.  
 66.18     Sec. 48.  Minnesota Statutes 1996, section 25.36, is 
 66.19  amended to read: 
 66.20     25.36 [MISBRANDING.] 
 66.21     A commercial feed shall be deemed to be is misbranded if: 
 66.22     (a) If (1) its labeling is false or misleading in any 
 66.23  particular.; 
 66.24     (b) If (2) it is distributed under the name of another 
 66.25  commercial feed.; 
 66.26     (c) If (3) it is not labeled as required in section 25.35.; 
 66.27     (d) If (4) it purports to be or is represented as a 
 66.28  commercial feed, or if it purports to contain or is represented 
 66.29  as containing a commercial feed ingredient unless such that 
 66.30  commercial feed or feed ingredient conforms to the definition, 
 66.31  if any, prescribed by rule by the commissioner.; 
 66.32     (e) If (5) any word, statement, or other information 
 66.33  required by or under authority of sections 25.31 to 25.44 25.43 
 66.34  to appear on the label or labeling is not prominently 
 66.35  placed thereon on it with such conspicuousness as compared with 
 66.36  other words, statements, designs, or devices in the labeling, 
 67.1   and in such terms as to render it likely to be read and 
 67.2   understood by the ordinary individual under customary conditions 
 67.3   of purchase and use; or 
 67.4      (6) its labeling would deceive or mislead the purchaser 
 67.5   with respect to its composition or suitability. 
 67.6      Sec. 49.  Minnesota Statutes 1996, section 25.37, is 
 67.7   amended to read: 
 67.8      25.37 [ADULTERATION.] 
 67.9      (a) A commercial feed shall be deemed to be or a material 
 67.10  exempted from the definition of commercial feed under section 
 67.11  25.33, subdivision 5, is adulterated if: 
 67.12     (a) If (1) it bears or contains any a poisonous or 
 67.13  deleterious substance which may render it injurious to health; 
 67.14  but in case the substance is not an added substance, such the 
 67.15  commercial feed shall is not be considered adulterated under 
 67.16  this section if the quantity of such the substance in such the 
 67.17  commercial feed does not ordinarily render it injurious to 
 67.18  health; or 
 67.19     (b) If (2) it bears or contains any an added poisonous, 
 67.20  added deleterious, or added nonnutritive substance which is 
 67.21  unsafe within the meaning of section 406 of the federal Food, 
 67.22  Drug, and Cosmetic Act, other than the one which is a pesticide 
 67.23  chemical in or on a raw agricultural commodity, or a food 
 67.24  additive; or 
 67.25     (c) If (3) it is, unsafe or it bears or contains any food 
 67.26  additive which is unsafe within the meaning of section 409 of 
 67.27  the federal Food, Drug, and Cosmetic Act; or 
 67.28     (d) If (4) it is a raw agricultural commodity and it bears 
 67.29  or contains a pesticide chemical which is unsafe within the 
 67.30  meaning of section 408(a) of the federal Food, Drug, and 
 67.31  Cosmetic Act; provided, that where a pesticide chemical has been 
 67.32  used in or on a raw agricultural commodity in conformity with an 
 67.33  exemption granted or a tolerance prescribed under section 408 of 
 67.34  the federal Food, Drug, and Cosmetic Act and such that raw 
 67.35  agricultural commodity has been subjected to processing such as 
 67.36  canning, cooking, freezing, dehydrating, or milling, the residue 
 68.1   of such the pesticide chemical remaining in or on such the 
 68.2   processed feed shall is not be deemed unsafe if such the 
 68.3   residue in or on the raw agricultural commodity has been removed 
 68.4   to the extent possible in good manufacturing practice and the 
 68.5   concentration of such the residue in the processed feed is not 
 68.6   greater than the tolerance prescribed for the raw agricultural 
 68.7   commodity unless the feeding of such the processed feed will 
 68.8   result or is likely to result in a pesticide residue in the 
 68.9   edible product of the animal, which is unsafe within the meaning 
 68.10  of section 408(a) of the federal Food, Drug, and Cosmetic 
 68.11  Act; or 
 68.12     (e) If (5) it is, or it bears or contains any color 
 68.13  additive which is unsafe within the meaning of section 706 of 
 68.14  the federal Food, Drug, and Cosmetic Act; or 
 68.15     (6) it is, or it bears or contains, any new animal drug 
 68.16  which is unsafe within the meaning of section 512 of the federal 
 68.17  Food, Drug, and Cosmetic Act; 
 68.18     (7) it consists, in whole or in part, of any filthy, 
 68.19  putrid, or decomposed substance, or is otherwise unfit for feed; 
 68.20     (8) it has been prepared, packed, or held under unsanitary 
 68.21  conditions whereby it may have become contaminated with filth or 
 68.22  may have been rendered injurious to health; 
 68.23     (9) it is, in whole or in part, the product of a diseased 
 68.24  animal or of an animal which has died otherwise than by 
 68.25  slaughter which is unsafe within the meaning of section 
 68.26  402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act; 
 68.27     (10) its container is composed, in whole or in part, of any 
 68.28  poisonous or deleterious substance which may render the contents 
 68.29  injurious to health; or 
 68.30     (11) it has been intentionally subjected to radiation, 
 68.31  unless the use of the radiation was in conformity with a 
 68.32  regulation or exemption in effect under section 409 of the 
 68.33  federal Food, Drug, and Cosmetic Act.  
 68.34     (b) A commercial feed is adulterated if: 
 68.35     (f) If (1) any valuable constituent has been in whole or in 
 68.36  part omitted or abstracted therefrom from it or any less 
 69.1   valuable substance substituted therefor for a constituent; or 
 69.2      (g) If (2) its composition or quality falls below or 
 69.3   differs from that which it is purported or is represented to 
 69.4   possess by its labeling; or 
 69.5      (h) If (3) it contains a drug and the methods used in or 
 69.6   the facilities or controls used for its manufacture, processing, 
 69.7   or packaging do not conform to current good manufacturing 
 69.8   practice rules promulgated by the commissioner to assure that 
 69.9   the drug meets the requirement safety requirements of sections 
 69.10  25.31 to 25.44 as to safety 25.43 and has the identity and 
 69.11  strength and meets the quality and purity characteristics which 
 69.12  it purports or is represented to possess.  In promulgating such 
 69.13  adopting rules under this clause, the commissioner shall adopt 
 69.14  the current good manufacturing practice rules for medicated feed 
 69.15  premixes and for medicated feeds established under authority of 
 69.16  the federal Food, Drug, and Cosmetic Act, unless the 
 69.17  commissioner determines that they are not appropriate to the 
 69.18  conditions which exist in this state; or 
 69.19     (i) If (4) it contains viable weed seeds in amounts 
 69.20  exceeding the limits which established by the commissioner shall 
 69.21  establish by rule. 
 69.22     Sec. 50.  Minnesota Statutes 1996, section 25.38, is 
 69.23  amended to read: 
 69.24     25.38 [PROHIBITED ACTS.] 
 69.25     The following acts and the causing thereof within the state 
 69.26  of the following acts in Minnesota are prohibited: 
 69.27     (a) The (1) manufacture or distribution of any commercial 
 69.28  feed that is adulterated or misbranded.; 
 69.29     (b) The (2) adulteration or misbranding of any commercial 
 69.30  feed.; 
 69.31     (c) The (3) distribution of agricultural commodities such 
 69.32  as whole seed, hay, straw, stover, silage, cobs, husks, and 
 69.33  hulls, which are adulterated within the meaning of section 
 69.34  25.37, paragraph (a), (b), (c), and (d).; 
 69.35     (d) The (4) removal or disposal of a commercial feed in 
 69.36  violation of an order under section 25.42.; 
 70.1      (e) The (5) failure or refusal to register in accordance 
 70.2   with obtain a commercial feed license under section 
 70.3   25.34. 25.341 or to provide a small package listing under 
 70.4   section 25.39; or 
 70.5      (f) (6) failure to pay inspection fees or file reports as 
 70.6   required by section 25.39.  
 70.7      Sec. 51.  Minnesota Statutes 1996, section 25.39, is 
 70.8   amended to read: 
 70.9      25.39 [INSPECTION FEES AND REPORTS.] 
 70.10     Subdivision 1.  [AMOUNT OF FEE.] (a) An inspection fee at 
 70.11  the rate of 16 cents per ton shall must be paid to the 
 70.12  commissioner on commercial feeds distributed in this state by 
 70.13  the person who first distributes the commercial feed to the 
 70.14  consumer, subject to the following, except that no fee needs to 
 70.15  be paid on: 
 70.16     (a) No fee shall be paid on (1) a commercial feed if the 
 70.17  payment has been made by a previous distributor.; 
 70.18     (b) No fee shall be paid on (2) customer formula feeds if 
 70.19  the inspection fee is paid on the commercial feeds which are 
 70.20  used as ingredients therein.; or 
 70.21     (c) No fee shall be paid on (3) commercial feeds which are 
 70.22  used as ingredients for the manufacture of commercial 
 70.23  feeds which are registered if the fee has been paid by a 
 70.24  previous distributor.  If the fee has already been paid, 
 70.25  credit shall must be given for such that payment.  A Minnesota 
 70.26  feed distributor who distributes commercial feed to purchasers 
 70.27  outside the state may purchase commercial feeds, without payment 
 70.28  by any person of the inspection fee required on such those 
 70.29  purchases, under a permit issued by the commissioner.  Such 
 70.30  permits shall only be issued to commercial feed distributors who 
 70.31  comply with such rules as may be required adopted by the 
 70.32  commissioner relative to recordkeeping, tonnage of commercial 
 70.33  feed distributed in Minnesota, total of all commercial feed 
 70.34  tonnage distributed, and all other information which the 
 70.35  commissioner may require so as to insure ensure that proper 
 70.36  inspection fee payment has been made.  
 71.1      (d) (b) In the case of a commercial feed which is pet food 
 71.2   distributed in the state only in packages of ten pounds or less, 
 71.3   a listing of each product and a current label for each product 
 71.4   must be submitted annually on forms provided by the commissioner 
 71.5   and accompanied by an annual fee of $50 shall be paid for each 
 71.6   product in lieu of the inspection fee specified above.  This 
 71.7   annual fee is due by July 1.  The inspection fee required by 
 71.8   paragraph (a) applies to pet food distributed in packages 
 71.9   exceeding ten pounds. 
 71.10     (c) In the case of specialty pet food distributed in the 
 71.11  state only in packages of ten pounds or less, a listing of each 
 71.12  product and a current label for each product must be submitted 
 71.13  annually on forms provided by the commissioner and accompanied 
 71.14  by an annual fee of $25 for each product in lieu of the 
 71.15  inspection fee.  This annual fee is due by July 1.  The 
 71.16  inspection fee required by paragraph (a) applies to specialty 
 71.17  pet food distributed in packages exceeding ten pounds.  
 71.18     (d) The minimum inspection fee is $10 per annual reporting 
 71.19  period. 
 71.20     Subd. 1a.  [CONTAINERS OF TEN POUNDS OR LESS.] A 
 71.21  distributor who is subject to the annual fee specified in 
 71.22  subdivision 1, paragraph (b) or (c), shall do the following:  
 71.23     (1) before beginning distribution, file with the 
 71.24  commissioner a listing of pet and specialty pet foods to be 
 71.25  distributed in the state only in containers of ten pounds or 
 71.26  less, on forms provided by the commissioner.  The listing under 
 71.27  this clause must be renewed annually before July 1 and is the 
 71.28  basis for the payment of the annual fee.  New products added 
 71.29  during the year must be submitted to the commissioner as a 
 71.30  supplement to the annual listing before distribution; and 
 71.31     (2) if the annual renewal of the listing is not received 
 71.32  before July 1 or if an unlisted product is distributed, pay a 
 71.33  late filing fee of $10 per product in addition to the normal 
 71.34  charge for the listing.  The late filing fee under this clause 
 71.35  is in addition to any other penalty under this chapter.  
 71.36     Subd. 2.  [SEMIANNUAL ANNUAL STATEMENT.] Each A person who 
 72.1   is liable for the payment of such a fee under this section shall 
 72.2   file with the commissioner on forms furnished by the 
 72.3   commissioner, a semiannual an annual statement for the periods 
 72.4   ending December 31 and June 30 setting forth the number of net 
 72.5   tons of commercial feeds distributed in this state during such 
 72.6   reporting period the calendar year.  The report shall be is 
 72.7   due on or before by the 30th 31st of the month following the 
 72.8   close of each reporting period of each calendar year each 
 72.9   January.  The inspection fee at the rate specified in 
 72.10  subdivision 1, shall must accompany the statement.  For each 
 72.11  tonnage report not filed or payment of inspection fees not 
 72.12  made within 30 days after the end of a reporting period on time, 
 72.13  a penalty of 10 ten percent of the amount due, with a minimum 
 72.14  penalty of $10, shall must be assessed against the registrant, 
 72.15  and the amount of fees due, plus penalty, shall constitute is a 
 72.16  debt and may be recovered in a civil action against the 
 72.17  registrant.  The assessment of this penalty shall does not 
 72.18  prevent the department from taking other actions as provided in 
 72.19  this chapter.  
 72.20     Subd. 3.  [RECORDS.] Each distributor person required to 
 72.21  pay an inspection fee or to report in accordance with this 
 72.22  section shall keep such records as may be that are necessary or 
 72.23  required by the commissioner to indicate accurately the tonnage 
 72.24  of commercial feed distributed in this state, and the 
 72.25  commissioner shall have the right to may examine such those 
 72.26  records to verify statements of tonnage.  Failure to make an 
 72.27  accurate statement of tonnage or to pay the inspection fee or 
 72.28  comply as provided herein shall constitute with this section is 
 72.29  sufficient cause for the cancellation of all registrations on 
 72.30  file for the commercial feed license of the distributor.  
 72.31     Subd. 4.  [COMMERCIAL FEED INSPECTION ACCOUNT.] A 
 72.32  commercial feed inspection account is established in the state 
 72.33  treasury.  Fees and penalties collected under sections 25.35 to 
 72.34  25.44 25.43 and interest attributable to money in the account 
 72.35  must be deposited in the state treasury and credited to the 
 72.36  commercial feed inspection account.  
 73.1      Sec. 52.  Minnesota Statutes 1996, section 25.41, 
 73.2   subdivision 6, is amended to read: 
 73.3      Subd. 6.  [METHODS.] Sampling and analysis shall must be 
 73.4   conducted in accordance with methods published by 
 73.5   the Association of Official Analytical Chemists, AOAC 
 73.6   International or in accordance with other generally recognized 
 73.7   methods.  
 73.8      Sec. 53.  Minnesota Statutes 1996, section 28A.08, 
 73.9   subdivision 3, is amended to read: 
 73.10     Subd. 3.  [FEES EFFECTIVE JULY 1, 1996.] 
 73.11                                                    Penalties 
 73.12  Type of food handler                    License  Late     No
 73.13                                          Fee      Renewal  License
 73.14                                          Effective
 73.15                                          July 1, 1996
 73.16  1.   Retail food handler
 73.17       (a) Having gross sales of only
 73.18       prepackaged nonperishable food
 73.19       of less than $15,000 for 
 73.20       the immediately previous 
 73.21       license or fiscal year and 
 73.22       filing a statement with the 
 73.23       commissioner                       $ 45     $ 15     $ 25
 73.24       (b) Having under $15,000 gross
 73.25       sales including food preparation 
 73.26       or having $15,000 to $50,000 
 73.27       gross sales for the immediately 
 73.28       previous license or fiscal year    $ 61     $ 15     $ 25
 73.29       (c) Having $50,000 to $250,000 
 73.30       gross sales for the immediately  
 73.31       previous license or fiscal year    $118     $ 35     $ 75
 73.32       (d) Having $250,000 to 
 73.33       $1,000,000 gross sales for the 
 73.34       immediately previous license or 
 73.35       fiscal year                        $202     $ 50     $100
 73.36       (e) Having $1,000,000 to 
 74.1        $5,000,000 gross sales for the 
 74.2        immediately previous license or 
 74.3        fiscal year                        $562     $100     $175
 74.4        (f) Having $5,000,000 to
 74.5        $10,000,000 gross sales for the
 74.6        immediately previous license or
 74.7        fiscal year                        $787     $150     $300
 74.8        (g) Having over $10,000,000
 74.9        gross sales for the immediately
 74.10       previous license or fiscal year    $899     $200     $350
 74.11  2.   Wholesale food handler
 74.12       (a) Having gross sales or
 74.13       service of less than $25,000
 74.14       for the immediately previous 
 74.15       license or fiscal year             $ 50     $ 15     $ 15
 74.16       (b) Having $25,000 to
 74.17       $250,000 gross sales or
 74.18       service for the immediately 
 74.19       previous license or fiscal year    $225     $ 50     $100
 74.20       (c) Having $250,000 to 
 74.21       $1,000,000 gross sales or
 74.22       service from a mobile unit
 74.23       without a separate food facility
 74.24       for the immediately previous
 74.25       license or fiscal year             $337     $ 75     $150
 74.26       (d) Having $250,000 to 
 74.27       $1,000,000 gross sales or
 74.28       service not covered under 
 74.29       paragraph (c) for the immediately 
 74.30       previous license or fiscal year    $449     $100     $200
 74.31       (e) Having $1,000,000 to
 74.32       $5,000,000 gross sales or 
 74.33       service for the immediately 
 74.34       previous license or fiscal year    $562     $125     $250
 74.35       (f) Having over $5,000,000 gross
 74.36       sales for the immediately 
 75.1        previous license or fiscal year    $647     $150     $300
 75.2   3.   Food broker                        $112     $ 30     $ 50
 75.3   4.   Wholesale food processor
 75.4        or manufacturer 
 75.5        (a) Having gross sales of less 
 75.6        than $250,000 $125,000 for the 
 75.7        immediately previous license 
 75.8        or fiscal year                     $310     $ 75     $150 
 75.9                                           $150     $ 50     $100 
 75.10       (b) Having $250,000 $125,000 
 75.11       to $1,000,000 $250,000 gross 
 75.12       sales for the immediately 
 75.13       previous license or fiscal year    $449     $100     $200 
 75.14                                          $310     $ 75     $150 
 75.15       (c) Having $1,000,000 $250,001 
 75.16       to $5,000,000 $1,000,000 gross 
 75.17       sales for the immediately 
 75.18       previous license or fiscal year    $562     $125     $250 
 75.19                                          $449     $100     $200 
 75.20       (d) Having over $1,000,001 
 75.21       to $5,000,000 gross sales 
 75.22       for the immediately previous  
 75.23       license or fiscal year             $647     $150     $300 
 75.24                                          $562     $125     $250 
 75.25       (e) Having $5,000,001 to 
 75.26       $10,000,000 gross sales for 
 75.27       the immediately previous 
 75.28       license or fiscal year             $647     $150     $300 
 75.29       (f) Having over $10,000,000 
 75.30       gross sales for the immediately 
 75.31       previous license or fiscal year    $900     $200     $350 
 75.32  5.   Wholesale food processor of
 75.33       meat or poultry products
 75.34       under supervision of the
 75.35       U. S. Department of Agriculture 
 75.36       (a) Having gross sales of less 
 76.1        than $250,000 $125,000 for the 
 76.2        immediately previous license 
 76.3        or fiscal year                     $169     $ 50     $ 75
 76.4                                           $100     $ 25     $ 50
 76.5        (b) Having $250,000 $125,000 
 76.6        to $1,000,000 $250,000 gross 
 76.7        sales for the immediately 
 76.8        previous license or fiscal year    $253     $ 75     $125
 76.9                                           $169     $ 50     $ 75
 76.10       (c) Having $1,000,000 $250,001 
 76.11       to $5,000,000 $1,000,000 gross 
 76.12       sales for the immediately 
 76.13       previous license or fiscal year    $310     $ 75     $150
 76.14                                          $253              $125
 76.15       (d) Having over $1,000,001 
 76.16       to $5,000,000 gross sales 
 76.17       for the immediately previous 
 76.18       license or fiscal year             $366     $100     $175
 76.19                                          $310     $ 75     $150
 76.20       (e) Having $5,000,001 to 
 76.21       $10,000,000 gross sales for 
 76.22       the immediately previous 
 76.23       license or fiscal year             $366     $100     $175 
 76.24       (f) Having over $10,000,000 
 76.25       gross sales for the immediately 
 76.26       previous license or fiscal year    $500     $150     $250 
 76.27  6.   Wholesale food manufacturer
 76.28       having the permission of the
 76.29       commissioner to use the name
 76.30       Minnesota Farmstead cheese         $ 30     $ 10     $ 15
 76.31  7.   Nonresident frozen dairy 
 76.32       manufacturer                       $200     $ 50     $ 75
 76.33  8.   Wholesale food manufacturer
 76.34       processing less than 70,000 700,000
 76.35       pounds per year of cultured 
 76.36       dairy food as defined in 
 77.1        section 32.486, subdivision 1,
 77.2        paragraph (b) raw milk             $ 30     $ 10     $ 15
 77.3   9.   A milk marketing organization
 77.4        without facilities for 
 77.5        processing or manufacturing 
 77.6        that purchases milk from milk
 77.7        producers for delivery to a
 77.8        licensed wholesale food 
 77.9        processor or manufacturer          $ 50     $ 15     $ 25
 77.10     Sec. 54.  Minnesota Statutes 1996, section 32.103, is 
 77.11  amended to read: 
 77.12     32.103 [INSPECTION OF DAIRIES.] 
 77.13     (a) At times the commissioner determines proper, the 
 77.14  commissioner shall cause to be inspected all places where dairy 
 77.15  products are made, stored, or served as food for pay, and all 
 77.16  places where cows are kept by persons engaged in the sale of 
 77.17  milk, and shall require the correction of all insanitary 
 77.18  conditions and practices found.  During routine inspections or 
 77.19  as necessary, the commissioner shall inspect for: 
 77.20     (1) evidence of use of rBGH in violation of section 32.75, 
 77.21  by producers providing affidavits of nontreatment under that 
 77.22  section; and 
 77.23     (2) mercury manometers in violation of section 116.92. 
 77.24     (b) A refusal or physical threat that prevents the 
 77.25  completion of an inspection or neglect to obey a lawful 
 77.26  direction of the commissioner or the commissioner's agent given 
 77.27  while carrying out this section may result in the suspension of 
 77.28  the offender's permit or certification.  The offender is 
 77.29  required to meet with a representative of the offender's plant 
 77.30  or marketing organization and a representative of the 
 77.31  commissioner within 48 hours excluding holidays or weekends or 
 77.32  the suspension will take effect.  A producer may request a 
 77.33  hearing before the commissioner or the commissioner's agent if a 
 77.34  serious concern exists relative to the retention of the 
 77.35  offender's permit or certification to sell milk. 
 77.36     Sec. 55.  Minnesota Statutes 1996, section 32.394, 
 78.1   subdivision 8d, is amended to read: 
 78.2      Subd. 8d.  [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 
 78.3   pay to the commissioner a fee for fluid milk processed and, milk 
 78.4   used in the manufacture of fluid milk products, frozen dairy 
 78.5   desserts, and mix sold for retail sale in Minnesota.  Beginning 
 78.6   May 1, 1993, The fee for fluid milk and milk products is not 
 78.7   less than six cents per hundredweight and not more than nine 
 78.8   cents per hundredweight.  The fee for frozen dairy desserts and 
 78.9   mix is not less than three-tenths of one cent per gallon or more 
 78.10  than one cent per gallon.  If the commissioner determines that a 
 78.11  different fee, not less than five cents and not more than nine 
 78.12  cents per hundredweight, when combined with general fund 
 78.13  appropriations and fees charged under sections 31.39 and 32.394, 
 78.14  subdivision 8, is needed to provide adequate funding for the 
 78.15  Grades A and B inspection programs and the administration and 
 78.16  enforcement of Laws 1993, chapter 65 sections 32.70 to 32.74, 
 78.17  the commissioner may, by rule, change the fee on processors 
 78.18  within the range provided within this subdivision. 
 78.19     (b) Processors must report quantities of milk processed 
 78.20  under paragraph (a) on forms provided by the commissioner.  
 78.21  Processor fees must be paid monthly.  The commissioner may 
 78.22  require the production of records as necessary to determine 
 78.23  compliance with this subdivision. 
 78.24     (c) The commissioner may create within the department a 
 78.25  dairy consulting program to provide assistance to dairy 
 78.26  producers who are experiencing problems meeting the sanitation 
 78.27  and quality requirements of the dairy laws and rules. 
 78.28     The commissioner may use money appropriated from the dairy 
 78.29  services account created in subdivision 9 to pay for the program 
 78.30  authorized in this paragraph. 
 78.31     Sec. 56.  Minnesota Statutes 1996, section 35.71, 
 78.32  subdivision 5, is amended to read: 
 78.33     Subd. 5.  [ANNUAL LICENSE FEE.] Each licensed institution 
 78.34  must pay to the board a license fee of $50 $100 for each 
 78.35  calendar year or part of a calendar year.  License fees must be 
 78.36  deposited in the general fund of the state treasury. 
 79.1      Sec. 57.  Minnesota Statutes 1996, section 35.824, is 
 79.2   amended to read: 
 79.3      35.824 [APPLICATION FOR REGISTRATION; PENALTIES, DUPLICATE 
 79.4   BRANDS.] 
 79.5      The board shall prepare standard forms and supply the forms 
 79.6   for distribution to those who desire to apply for a brand.  The 
 79.7   application must show a left and right side view of the animals 
 79.8   upon which a mark or brand will be eligible for registry.  The 
 79.9   mark or brand location must be designated to the following body 
 79.10  regions:  head, bregma, right and left jaw, neck, shoulder, rib, 
 79.11  hip, and breech.  The applicant must select at least three 
 79.12  distinct marks or brands listed in preferred order, and three 
 79.13  locations on the animal listed in preferred order.  The 
 79.14  application must be properly signed and notarized and 
 79.15  accompanied by a fee of $10 $25.  The mark or brand, if approved 
 79.16  and accepted by the board, is valid during the ten-year period 
 79.17  in which it is recorded.  A person who knowingly places on an 
 79.18  animal a mark or brand which has not been registered with the 
 79.19  board and which is in duplication of a mark or brand that is 
 79.20  registered with the board is guilty of a felony.  "Duplication"  
 79.21  means the use of a similar mark or brand, used in any position 
 79.22  on the animal designated for the use of a registered mark or 
 79.23  brand, such as the head, bregma, jaw, neck, shoulder, rib, hip, 
 79.24  or breech.  A person who alters or defaces a brand or mark on 
 79.25  any animal to prevent its identification by its owner is guilty 
 79.26  of a felony.  
 79.27     Sec. 58.  Minnesota Statutes 1996, section 41A.09, 
 79.28  subdivision 3a, is amended to read: 
 79.29     Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
 79.30  shall make cash payments to producers of ethanol, anhydrous 
 79.31  alcohol, and wet alcohol located in the state.  These payments 
 79.32  shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
 79.33  fermented in the state and produced at plants that have begun 
 79.34  production by June 30, 2000.  For the purpose of this 
 79.35  subdivision, an entity that holds a controlling interest in more 
 79.36  than one ethanol plant is considered a single producer.  The 
 80.1   amount of the payment for each producer's annual production is: 
 80.2      (1) except as provided in paragraph (b), for each gallon of 
 80.3   ethanol or anhydrous alcohol produced on or before June 30, 
 80.4   2000, or ten years after the start of production, whichever is 
 80.5   later, 20 cents per gallon; and 
 80.6      (2) for each gallon produced of wet alcohol on or before 
 80.7   June 30, 2000, or ten years after the start of production, 
 80.8   whichever is later, a payment in cents per gallon calculated by 
 80.9   the formula "alcohol purity in percent divided by five," and 
 80.10  rounded to the nearest cent per gallon, but not less than 11 
 80.11  cents per gallon. 
 80.12     The producer payments for anhydrous alcohol and wet alcohol 
 80.13  under this section may be paid to either the original producer 
 80.14  of anhydrous alcohol or wet alcohol or the secondary processor, 
 80.15  at the option of the original producer, but not to both. 
 80.16     (b) If the level of production at an ethanol plant 
 80.17  increases due to an increase in the production capacity of the 
 80.18  plant and the increased production begins by June 30, 2000, the 
 80.19  payment under paragraph (a), clause (1), applies to the 
 80.20  additional increment of production until ten years after the 
 80.21  increased production began.  Once a plant's production capacity 
 80.22  reaches 15,000,000 gallons per year, no additional increment 
 80.23  will qualify for the payment. 
 80.24     (c) The commissioner shall make payments to producers of 
 80.25  ethanol or wet alcohol in the amount of 1.5 cents for each 
 80.26  kilowatt hour of electricity generated using closed-loop biomass 
 80.27  in a cogeneration facility at an ethanol plant located in the 
 80.28  state.  Payments under this paragraph shall be made only for 
 80.29  electricity generated at cogeneration facilities that begin 
 80.30  operation by June 30, 2000.  The payments apply to electricity 
 80.31  generated on or before the date ten years after the producer 
 80.32  first qualifies for payment under this paragraph.  Total 
 80.33  payments under this paragraph in any fiscal year may not exceed 
 80.34  $750,000.  For the purposes of this paragraph: 
 80.35     (1) "closed-loop biomass" means any organic material from a 
 80.36  plant that is planted for the purpose of being used to generate 
 81.1   electricity or for multiple purposes that include being used to 
 81.2   generate electricity; and 
 81.3      (2) "cogeneration" means the combined generation of: 
 81.4      (i) electrical or mechanical power; and 
 81.5      (ii) steam or forms of useful energy, such as heat, that 
 81.6   are used for industrial, commercial, heating, or cooling 
 81.7   purposes. 
 81.8      (d) The total payments under paragraphs (a) and (b) to all 
 81.9   producers may not exceed $30,000,000 $34,000,000 in a fiscal 
 81.10  year.  Total payments under paragraphs (a) and (b) to a producer 
 81.11  in a fiscal year may not exceed $3,000,000. 
 81.12     (e) By the last day of October, January, April, and July, 
 81.13  each producer shall file a claim for payment for ethanol, 
 81.14  anhydrous alcohol, and wet alcohol production during the 
 81.15  preceding three calendar months.  A producer with more than one 
 81.16  plant shall file a separate claim for each plant.  A producer 
 81.17  shall file a separate claim for the original production capacity 
 81.18  of each plant and for each additional increment of production 
 81.19  that qualifies under paragraph (b).  A producer that files a 
 81.20  claim under this subdivision shall include a statement of the 
 81.21  producer's total ethanol, anhydrous alcohol, and wet alcohol 
 81.22  production in Minnesota during the quarter covered by the claim, 
 81.23  including anhydrous alcohol and wet alcohol produced or received 
 81.24  from an outside source.  A producer shall file a separate claim 
 81.25  for any amount claimed under paragraph (c).  For each claim and 
 81.26  statement of total ethanol, anhydrous alcohol, and wet alcohol 
 81.27  production filed under this subdivision, the volume of ethanol, 
 81.28  anhydrous alcohol, and wet alcohol production or amounts of 
 81.29  electricity generated using closed-loop biomass must be examined 
 81.30  by an independent certified public accountant in accordance with 
 81.31  standards established by the American Institute of Certified 
 81.32  Public Accountants. 
 81.33     (f) Payments shall be made November 15, February 15, May 
 81.34  15, and August 15.  A separate payment shall be made for each 
 81.35  claim filed.  The total quarterly payment to a producer under 
 81.36  this paragraph, excluding amounts paid under paragraph (c), may 
 82.1   not exceed $750,000.  If the total amount for which all 
 82.2   producers are eligible in a quarter under paragraphs (a) and (b) 
 82.3   exceeds $7,500,000 $8,500,000, the commissioner shall make 
 82.4   payments in the order in which the portion of production 
 82.5   capacity covered by each claim went into production.  If the 
 82.6   total amount of ethanol or wet alcohol production reported for a 
 82.7   quarter under paragraph (e) equals or exceeds 55,000,000 gallons:
 82.8      (1) payments under this subdivision do not apply to the 
 82.9   amount produced in excess of 55,000,000 gallons; 
 82.10     (2) the commissioner shall make payments to producers in 
 82.11  the order in which the portion of production capacity covered by 
 82.12  each claim began production; and 
 82.13     (3) only those producers that receive payments for the 
 82.14  quarter, or received payments under paragraph (a) or (b) in an 
 82.15  earlier quarter, will be eligible for future ethanol or wet 
 82.16  alcohol production payments under this subdivision. 
 82.17     (g) If the total amount for which all producers are 
 82.18  eligible in a quarter under paragraph (c) exceeds the amount 
 82.19  available for payments, the commissioner shall make payments in 
 82.20  the order in which the plants covered by the claims began 
 82.21  generating electricity using closed-loop biomass. 
 82.22     (h) After the effective date of this section, new 
 82.23  production capacity is only eligible for payment under this 
 82.24  subdivision if the commissioner receives: 
 82.25     (1) an application for approval of the new production 
 82.26  capacity; 
 82.27     (2) an appropriate letter of long-term financial commitment 
 82.28  for construction of the new capacity; and 
 82.29     (3) copies of all necessary permits for construction of the 
 82.30  new capacity. 
 82.31     The commissioner may approve the additional capacity based 
 82.32  on the order in which the applications are received.  The 
 82.33  commissioner shall not approve production capacity in excess of 
 82.34  the limitations in paragraph (f).  Existing plants are not 
 82.35  eligible for new capacity beyond planned expansions reported to 
 82.36  the commissioner by February 1997. 
 83.1      Sec. 59.  Minnesota Statutes 1996, section 84.027, is 
 83.2   amended by adding a subdivision to read: 
 83.3      Subd. 15.  [ELECTRONIC TRANSACTIONS.] (a) The commissioner 
 83.4   may receive an application for, sell, and issue any license, 
 83.5   stamp, permit, registration, or transfer under the jurisdiction 
 83.6   of the commissioner by electronic means, including by 
 83.7   telephone.  The commissioner may: 
 83.8      (1) provide for the electronic transfer of funds generated 
 83.9   by electronic transactions, including by telephone; 
 83.10     (2) appoint agents to administer electronic transactions; 
 83.11     (3) assign a license identification number to an applicant 
 83.12  who purchases a hunting or fishing license by electronic means, 
 83.13  to serve as temporary authorization to engage in the licensed 
 83.14  activity until the license is received or expires; 
 83.15     (4) charge and permit agents to charge a reasonable 
 83.16  transaction fee and credit card fee of individuals who make 
 83.17  electronic transactions, including transactions by telephone; 
 83.18  and 
 83.19     (5) adopt rules to administer the provisions of this 
 83.20  subdivision. 
 83.21     (b) A county shall not collect a commission for the sale of 
 83.22  licenses or permits made by agents appointed by the commissioner 
 83.23  under this subdivision. 
 83.24     Sec. 60.  Minnesota Statutes 1996, section 84.0273, is 
 83.25  amended to read: 
 83.26     84.0273 [CORRECTION ESTABLISHMENT OF BOUNDARY LINES 
 83.27  RELATING TO CERTAIN STATE LANDHOLDINGS.] 
 83.28     In order to correct errors in legal descriptions resolve 
 83.29  boundary line issues affecting the ownership interests of the 
 83.30  state and adjacent landowners, the commissioner of natural 
 83.31  resources may, in the name of the state upon terms the 
 83.32  commissioner deems appropriate, convey, without monetary 
 83.33  consideration, by a boundary line agreement, quitclaim deed, or 
 83.34  management agreement in such form as the attorney general 
 83.35  approves, such rights, titles, and interests of the state in 
 83.36  state lands for such rights, titles and interests in adjacent 
 84.1   lands as are necessary for the purpose of correcting legal 
 84.2   descriptions of establishing boundaries.  A notice of the 
 84.3   proposed conveyance and a brief statement of the reason therefor 
 84.4   shall be published once in the State Register by the 
 84.5   commissioner between 15 and 30 days prior to conveyance.  The 
 84.6   provisions of this section are not intended to replace or 
 84.7   supersede laws relating to land exchange or disposal of surplus 
 84.8   state property. 
 84.9      Sec. 61.  Minnesota Statutes 1996, section 84.82, 
 84.10  subdivision 3, is amended to read: 
 84.11     Subd. 3.  [FEES FOR REGISTRATION.] (a) The fee for 
 84.12  registration of each snowmobile, other than those used for an 
 84.13  agricultural purpose, as defined in section 84.92, subdivision 
 84.14  1c, or those registered by a dealer or manufacturer pursuant to 
 84.15  clause (b) or (c) shall be as follows:  $30 $45 for three years 
 84.16  and $4 for a duplicate or transfer. 
 84.17     (b) The total registration fee for all snowmobiles owned by 
 84.18  a dealer and operated for demonstration or testing purposes 
 84.19  shall be $50 per year. 
 84.20     (c) The total registration fee for all snowmobiles owned by 
 84.21  a manufacturer and operated for research, testing, 
 84.22  experimentation, or demonstration purposes shall be $150 per 
 84.23  year.  Dealer and manufacturer registrations are not 
 84.24  transferable. 
 84.25     Sec. 62.  Minnesota Statutes 1996, section 85.015, is 
 84.26  amended by adding a subdivision to read: 
 84.27     Subd. 1c.  [METAL TRACTION DEVICES; PROHIBITION ON PAVED 
 84.28  TRAILS.] A person may not use a snowmobile with metal traction 
 84.29  devices on any paved state trail. 
 84.30     Sec. 63.  Minnesota Statutes 1996, section 85.052, 
 84.31  subdivision 3, is amended to read: 
 84.32     Subd. 3.  [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 
 84.33  An individual using spaces in state parks under subdivision 1, 
 84.34  clause (2), shall be charged daily rates determined and set by 
 84.35  the commissioner in a manner and amount consistent with the type 
 84.36  of facility provided for the accommodation of guests in a 
 85.1   particular park and with similar facilities offered for tourist 
 85.2   camping and similar use in the area.  
 85.3      (b) The fee for special parking spurs, campgrounds for 
 85.4   automobiles, sites for tent camping, and special auto trailer 
 85.5   coach parking spaces is one-half of the fee set in paragraph (a) 
 85.6   on Sunday through Thursday of each week for: 
 85.7      (1) an individual age 65 or over who is a resident of the 
 85.8   state and who furnishes satisfactory proof of age and residence; 
 85.9      (2) a physically handicapped person with a motor vehicle 
 85.10  that has special plates issued under section 168.021, 
 85.11  subdivision 1; or 
 85.12     (3) (2) a physically handicapped person who possesses a 
 85.13  certificate issued under section 169.345, subdivision 3.  
 85.14     Sec. 64.  Minnesota Statutes 1996, section 85.053, 
 85.15  subdivision 1, is amended to read: 
 85.16     Subdivision 1.  [FORM, ISSUANCE, VALIDITY.] (a) The 
 85.17  commissioner shall prepare and provide state park permits for 
 85.18  each calendar year that state a motor vehicle may enter and use 
 85.19  state parks, state recreation areas, and state waysides over 50 
 85.20  acres in area.  State park permits must be available and placed 
 85.21  on sale by October 1 of the year preceding the calendar year 
 85.22  that the permit is valid.  
 85.23     (b) A state park permit may be affixed when purchased and 
 85.24  used from the time it is affixed until the end of the calendar 
 85.25  year for which it is issued.  State park permits in each 
 85.26  category must be numbered consecutively for each year of issue.  
 85.27     (c) State park permits shall be issued by employees of the 
 85.28  division of parks and recreation as designated by the 
 85.29  commissioner.  State park permits also may be consigned to and 
 85.30  issued by agents designated by the commissioner who are not 
 85.31  employees of the division of parks and recreation.  All proceeds 
 85.32  from the sale of permits and all unsold permits consigned to 
 85.33  agents shall be returned to the commissioner at such times as 
 85.34  the commissioner may direct, but no later than the end of the 
 85.35  calendar year for which the permits are effective.  No part of 
 85.36  the permit fee may be retained by an agent.  An additional 
 86.1   charge or fee in an amount to be determined by the commissioner, 
 86.2   but not to exceed four percent of the price of the permit, may 
 86.3   be collected and retained by an agent for handling or selling 
 86.4   the permits. 
 86.5      Sec. 65.  Minnesota Statutes 1996, section 85.053, 
 86.6   subdivision 4, is amended to read: 
 86.7      Subd. 4.  [TWO-DAY ONE-DAY PERMITS.] The commissioner shall 
 86.8   prescribe a special one-day state park permit for use of state 
 86.9   parks, state recreation areas, or state waysides up to two days 
 86.10  under conditions prescribed by the commissioner.  The conditions 
 86.11  must allow the permit to be valid for use of the park by campers 
 86.12  until the camping checkout time the day following purchase. 
 86.13     Sec. 66.  Minnesota Statutes 1996, section 85.055, 
 86.14  subdivision 1, is amended to read: 
 86.15     Subdivision 1.  [FEES.] The fee for state park permits for: 
 86.16     (1) an annual use of state parks is $20; 
 86.17     (2) a second vehicle state park permit is $15; 
 86.18     (3) a state park permit valid up to two days for one day is 
 86.19  $4; 
 86.20     (4) a daily vehicle state park permit for groups is $2; 
 86.21     (5) an employee's state park permit is without charge; and 
 86.22     (6) a state park permit for handicapped persons under 
 86.23  section 85.053, subdivision 7, clauses (1) and (2), is $12; and 
 86.24     (7) purchase of six annual permits by an individual is $108.
 86.25     The fees specified in this subdivision include any sales 
 86.26  tax required by state law. 
 86.27     Sec. 67.  Minnesota Statutes 1996, section 85.055, is 
 86.28  amended by adding a subdivision to read: 
 86.29     Subd. 1a.  [PATRON PERMIT.] The commissioner may develop a 
 86.30  special patron permit requiring persons to pay an additional 
 86.31  amount above the annual permit fee required in subdivision 1.  
 86.32  The additional amount paid under this subdivision shall be 
 86.33  deposited in the state treasury and credited to the working 
 86.34  capital account under section 85.22, subdivision 1. 
 86.35     Sec. 68.  Minnesota Statutes 1996, section 88.79, is 
 86.36  amended by adding a subdivision to read: 
 87.1      Subd. 3.  [COST-SHARING OF CONSERVATION PRACTICES.] The 
 87.2   commissioner of natural resources may provide cost-sharing of 
 87.3   conservation practices to nonindustrial owners of less than 
 87.4   5,000 acres of private land within this state, provided that the 
 87.5   landowners successfully complete conservation practices approved 
 87.6   by the commissioner.  The cost shared by the commissioner may 
 87.7   not exceed 75 percent of the actual cost of the conservation 
 87.8   practice. 
 87.9      Sec. 69.  Minnesota Statutes 1996, section 92.06, 
 87.10  subdivision 1, is amended to read: 
 87.11     Subdivision 1.  [TERMS.] (a) The terms of payment on the 
 87.12  sale of state public lands must be as follows:  The purchaser 
 87.13  shall pay in cash at the time of sale the appraised value of all 
 87.14  timber and costs determined by the commissioner to be associated 
 87.15  with the sale including survey, appraisal, publication, deed 
 87.16  tax, filing fee, and similar costs.  At least 15 percent of the 
 87.17  purchase price of the land exclusive of timber and associated 
 87.18  costs must be paid in cash at the time of sale.  The balance of 
 87.19  the purchase price must be paid in no more than 20 equal annual 
 87.20  installments.  Payments must be made by June 1 each year 
 87.21  following the year in which the purchase was made, with interest 
 87.22  at the rate in effect at the time of sale, calculated under this 
 87.23  subdivision, on the unpaid balances.  Any installment of 
 87.24  principal or interest may be paid in advance, but part payment 
 87.25  of an installment will not be accepted.  For the purpose of 
 87.26  computing interest, any installment of principal not paid on 
 87.27  June 1 shall be credited on the following June 1.  The purchaser 
 87.28  may pay the balance due on a sale within 30 days of the sale 
 87.29  with no interest due. 
 87.30     (b) Interest on unpaid balances must be computed as annual 
 87.31  simple interest.  The rate of interest must be based on average 
 87.32  effective interest rates on mortgage loans as provided in 
 87.33  paragraph (c). 
 87.34     (c) On or before December 31 of each year, the commissioner 
 87.35  of natural resources shall determine the rate from the average 
 87.36  effective interest rate on loans closed using the office of 
 88.1   thrift supervision series, formerly the federal home loan bank 
 88.2   board series, or its successor agency, for the most recent 
 88.3   calendar month, reported on a monthly basis in the latest 
 88.4   statistical release of the board of governors of the federal 
 88.5   reserve system.  This yield, rounded to the nearest quarter of 
 88.6   one percent, is the annual interest rate for sales of state land 
 88.7   during the succeeding calendar year. 
 88.8      (d) For state land sales in calendar year 1993 after July 
 88.9   1, 1993, the rate is eight percent, which is the September 1992 
 88.10  average from the office of thrift supervision series, rounded to 
 88.11  the nearest quarter of one percent. 
 88.12     Sec. 70.  Minnesota Statutes 1996, section 92.06, 
 88.13  subdivision 4, is amended to read: 
 88.14     Subd. 4.  [IMPROVEMENTS, WHEN PAYMENT NOT NECESSARY.] If a 
 88.15  person has made improvements to the land and if:  (1) the 
 88.16  commissioner believes that person settled the land in good faith 
 88.17  as homestead land under the laws of the United States before it 
 88.18  was certified to the state, or if (2) the improvements were 
 88.19  lawfully made by that person as a lessee of the state, or (3) 
 88.20  the commissioner determines, based on clear and convincing 
 88.21  evidence provided by the person, that the improvements were made 
 88.22  by the person as an inadvertent trespasser, then the value of 
 88.23  the improvements must be separately appraised and, if the 
 88.24  settler or, lessee, or inadvertent trespasser purchases the 
 88.25  land, the settler or, lessee, or inadvertent trespasser is not 
 88.26  required to pay for the improvements.  If another person 
 88.27  purchases the land, that person must pay the owner of the 
 88.28  improvements, in addition to all other required payments, the 
 88.29  appraised amount for the improvements.  Payment for improvements 
 88.30  must be made within 15 days of the auction sale, either in cash 
 88.31  or upon terms and conditions agreeable to the owner of the 
 88.32  improvements.  If payment for improvements is not made in cash, 
 88.33  and if there is no agreement between the parties within 15 days 
 88.34  of the auction sale, the commissioner may: 
 88.35     (1) sell the property to the second highest qualified 
 88.36  bidder if that bidder submitted to the commissioner's 
 89.1   representative, at the auction sale, a written request to buy 
 89.2   the property at a specified price; or 
 89.3      (2) void the sale and reoffer the property at a subsequent 
 89.4   sale. 
 89.5      This subdivision does not apply unless the owner of the 
 89.6   improvements makes a verified application to the commissioner 
 89.7   showing entitlement to the improvements before the first state 
 89.8   public sale at which the land is offered for sale.  The 
 89.9   applicant must appear at the sale and offer to purchase the land 
 89.10  for at least its appraised value including all timber on it, and 
 89.11  make the purchase if no higher bid is received.  Actions or 
 89.12  other proceedings involving the land in question begun before 
 89.13  the sale must have been completed. 
 89.14     Sec. 71.  Minnesota Statutes 1996, section 92.16, 
 89.15  subdivision 1, is amended to read: 
 89.16     Subdivision 1.  [CONTENTS; DEFAULT, RESALE.] At the time of 
 89.17  the sale the commissioner shall execute, acknowledge, and 
 89.18  deliver to the purchaser a certificate of sale, numbered and 
 89.19  made assignable, certifying the description of the land sold, 
 89.20  its quantity, the price per acre, the consideration paid and to 
 89.21  be paid, and the time and terms of payment.  A certificate must 
 89.22  not be delivered until the sum required by law to be paid at the 
 89.23  time of the sale is paid.  The sum includes costs determined by 
 89.24  the commissioner to be associated with the sale such as survey, 
 89.25  appraisal, publication, deed tax, filing fee, and similar 
 89.26  costs.  If the purchaser fails to pay the sum, the commissioner 
 89.27  may immediately reoffer the land for sale, but a bid may not be 
 89.28  accepted from the person failing to pay the original offer.  If 
 89.29  the purchaser pays in full at the time of sale, the commissioner 
 89.30  is not required to issue a certificate of sale. 
 89.31     Sec. 72.  [92.80] [PAYMENT OF TAXES AND ASSESSMENTS.] 
 89.32     Subdivision 1.  [CANCELLATION OF CERTIFICATE OF SALE.] If 
 89.33  the state acquires an interest in real property prior to the 
 89.34  cancellation of a certificate of sale or upon completion of the 
 89.35  cancellation process by advertisement or court order, the state 
 89.36  must make provision to pay all taxes, interests, costs, 
 90.1   penalties, and assessments.  The commissioner of natural 
 90.2   resources must request the certificate of sale vendee to make a 
 90.3   good faith attempt to pay the debt.  If the commissioner 
 90.4   determines that the vendee is unwilling or unable to pay the 
 90.5   debt, the commissioner may pay the debt and seek redress against 
 90.6   the vendee. 
 90.7      Subd. 2.  [VOLUNTARY AND INVOLUNTARY REVERSIONS.] (a) If a 
 90.8   grantee on a certificate of sale or state deed desires the state 
 90.9   to exercise its reversionary interest in real property, the 
 90.10  grantee must pay all real estate taxes, costs, interest, 
 90.11  penalties, and assessments on the property prior to reversion. 
 90.12     (b) If a grantee on a certificate of sale or state deed 
 90.13  breaches the contractual terms of the certificate or deed, the 
 90.14  commissioner of natural resources must request the grantee to 
 90.15  make a good faith attempt to pay all real estate taxes, costs, 
 90.16  interest, penalties, and assessments on the property prior to 
 90.17  reversion.  If the commissioner determines that the grantee is 
 90.18  unwilling or unable to pay the debt, the commissioner may pay 
 90.19  the debt and seek redress against the grantee. 
 90.20     Sec. 73.  Minnesota Statutes 1996, section 94.10, 
 90.21  subdivision 2, is amended to read: 
 90.22     Subd. 2.  (a) Lands certified as surplus by the head of a 
 90.23  department or agency other than the department of natural 
 90.24  resources shall be offered for public sale by the commissioner 
 90.25  of administration as provided in this paragraph.  After 
 90.26  complying with subdivision 1 and before any public sale of 
 90.27  surplus state-owned land is made, the commissioner of 
 90.28  administration shall publish a notice thereof at least once in 
 90.29  each week for four successive weeks in a legal newspaper and 
 90.30  also in a newspaper of general distribution in the city or 
 90.31  county in which the real property to be sold is situated, which 
 90.32  notice shall specify the time and place at which the sale will 
 90.33  commence, a general description of the lots or tracts to be 
 90.34  offered, and a general statement of the terms of sale.  Each 
 90.35  tract or lot shall be sold separately and shall be sold for not 
 90.36  less than the appraised value thereof.  Parcels remaining unsold 
 91.1   after the offering may be sold to anyone agreeing to pay the 
 91.2   appraised value thereof.  The sale shall continue until all 
 91.3   parcels are sold or until the commissioner orders a reappraisal 
 91.4   or withdraws the remaining parcels from sale.  
 91.5      (b) Lands certified as surplus by the commissioner of 
 91.6   natural resources shall be offered for public sale by the 
 91.7   commissioner of natural resources in the manner provided in 
 91.8   paragraph (a) for sales by the commissioner of administration. 
 91.9      (c) Except as provided in section 94.11, the cost of any 
 91.10  survey or appraisal as provided in subdivision 1 shall be added 
 91.11  to and made a part of the appraised value of the lands to be 
 91.12  sold, whether to any political subdivision of the state or to a 
 91.13  private purchaser as provided in this subdivision.  
 91.14     Sec. 74.  [94.55] [TRANSFER OF STATE-OWNED IMPROVEMENTS.] 
 91.15     The commissioner may sell or transfer an improvement 
 91.16  located on state-owned lands, the compensation for which shall 
 91.17  be determined by the commissioner.  The sale or transfer shall 
 91.18  be accomplished by a bill of sale, describing the improvement 
 91.19  transferred and the terms and conditions of the sale or transfer.
 91.20  Proceeds resulting from the sale or transfer must be deposited 
 91.21  in the state treasury and credited to the land acquisition 
 91.22  account established in section 94.165. 
 91.23     Sec. 75.  Minnesota Statutes 1996, section 97A.015, is 
 91.24  amended by adding a subdivision to read: 
 91.25     Subd. 27a.  [LICENSE IDENTIFICATION NUMBER.] "License 
 91.26  identification number" means a verification number issued under 
 91.27  the authority of the commissioner in conjunction with the 
 91.28  electronic purchase of a license or stamp and valid until the 
 91.29  license is received by the purchaser. 
 91.30     Sec. 76.  Minnesota Statutes 1996, section 97A.028, 
 91.31  subdivision 1, is amended to read: 
 91.32     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 91.33  subdivision apply to this section. 
 91.34     (b) "Agricultural crops" means annually seeded crops, 
 91.35  legumes, fruit orchards, tree farms and nurseries, turf farms, 
 91.36  and apiaries. 
 92.1      (c) "Parcel" has the meaning given in section 272.03, 
 92.2   subdivision 6. 
 92.3      (d) "Specialty crops" means fruit orchards, vegetables, 
 92.4   tree farms and nurseries, turf farms, and apiaries. 
 92.5      (e) "Stored forage crops" means hay, silage, grain, or 
 92.6   other crops that have been harvested and placed in storage for 
 92.7   commercial livestock feeding. 
 92.8      Sec. 77.  Minnesota Statutes 1996, section 97A.028, 
 92.9   subdivision 3, is amended to read: 
 92.10     Subd. 3.  [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) 
 92.11  For the purposes of this subdivision, "cooperative damage 
 92.12  management agreement" means an agreement between a landowner or 
 92.13  tenant and the commissioner that establishes a program for 
 92.14  addressing the problem of destruction of the landowner's or 
 92.15  tenant's specialty crops or stored forage crops by wild animals, 
 92.16  or destruction of agricultural crops by flightless Canada geese. 
 92.17     (b) A landowner or tenant may apply to the commissioner for 
 92.18  emergency deterrent materials assistance in controlling 
 92.19  destruction of the landowner's or tenant's specialty crops or 
 92.20  stored forage crops by wild animals, or destruction of 
 92.21  agricultural crops by flightless Canada geese.  Subject to the 
 92.22  availability of money appropriated for this purpose, the 
 92.23  commissioner shall provide suitable deterrent materials when the 
 92.24  commissioner determines that: 
 92.25     (1) immediate action is necessary to prevent significant 
 92.26  damage from continuing; and 
 92.27     (2) a cooperative damage management agreement cannot be 
 92.28  implemented immediately. 
 92.29     (c) A person may receive emergency deterrent materials 
 92.30  assistance under this subdivision more than once, but the 
 92.31  cumulative total value of deterrent materials provided to a 
 92.32  person, or for use on a parcel, may not exceed $3,000 for 
 92.33  specialty crops, or $750 for stored forage crops, or $500 for 
 92.34  agricultural crops damaged by flightless Canada geese.  If a 
 92.35  person is a coowner or cotenant with respect to the specialty 
 92.36  crops for which the deterrent materials are provided, the 
 93.1   deterrent materials are deemed to be "provided" to the person 
 93.2   for the purposes of this paragraph. 
 93.3      (d) As a condition of receiving emergency deterrent 
 93.4   materials assistance under this subdivision, a landowner or 
 93.5   tenant shall enter into a cooperative damage management 
 93.6   agreement with the commissioner.  Deterrent materials provided 
 93.7   by the commissioner may include repellents, fencing materials, 
 93.8   or other materials recommended in the agreement to alleviate the 
 93.9   damage problem.  If requested by a landowner or tenant, any 
 93.10  fencing materials provided must be capable of providing 
 93.11  long-term protection of specialty crops.  A landowner or tenant 
 93.12  who receives emergency deterrent materials assistance under this 
 93.13  subdivision shall comply with the terms of the cooperative 
 93.14  damage management agreement. 
 93.15     Sec. 78.  Minnesota Statutes 1996, section 97A.075, 
 93.16  subdivision 1, is amended to read: 
 93.17     Subdivision 1.  [DEER AND BEAR LICENSES.] (a) For purposes 
 93.18  of this subdivision, "deer license" means a license issued under 
 93.19  section 97A.475, subdivisions 2, clauses (4) and, (5), and (9), 
 93.20  and 3, clauses (2) and, (3), and (7), and licenses issued under 
 93.21  section 97B.301, subdivision 4.  
 93.22     (b) At least $2 from each deer license shall be used for 
 93.23  deer habitat improvement or deer management programs.  
 93.24     (c) At least $1 from each resident deer license and each 
 93.25  resident bear license shall be used for deer and bear management 
 93.26  programs, including a computerized licensing system.  Fifty 
 93.27  cents from each resident deer license is appropriated for 
 93.28  emergency deer feeding.  Money appropriated for emergency deer 
 93.29  feeding is available until expended.  When the unencumbered 
 93.30  balance in the appropriation for emergency deer feeding at the 
 93.31  end of a fiscal year exceeds $750,000, $750,000 is canceled to 
 93.32  the unappropriated balance of the game and fish fund and the 
 93.33  amount appropriated for emergency deer feeding is reduced to 25 
 93.34  cents from each resident deer license. 
 93.35     Sec. 79.  Minnesota Statutes 1996, section 97A.405, 
 93.36  subdivision 2, is amended to read: 
 94.1      Subd. 2.  [PERSONAL POSSESSION.] (a) A person to whom a 
 94.2   license is issued must have the license in personal possession 
 94.3   while acting under the a license and while or traveling from 
 94.4   the an area where the a licensed activity is was performed 
 94.5   must have in personal possession either:  (1) the proper 
 94.6   license, if the license has been issued to and received by the 
 94.7   person; or (2) the proper license identification number, if the 
 94.8   license has been sold to the person by electronic means but the 
 94.9   actual license has not been issued and received. 
 94.10     (b) If possession of a license or a license identification 
 94.11  number is required, a person must exhibit the proper license 
 94.12  when, as requested by a conservation officer or peace officer., 
 94.13  either:  (1) the proper license if the license has been issued 
 94.14  to and received by the person; or (2) the proper license 
 94.15  identification number and a valid state driver's license, state 
 94.16  identification card, or other form of identification provided by 
 94.17  a unit of government acceptable to the commissioner, if the 
 94.18  license has been sold to the person by electronic means but the 
 94.19  actual license has not been issued and received.  
 94.20     (c) If the actual license has been issued and received, a 
 94.21  receipt for license fees, a copy of a license, or evidence 
 94.22  showing the issuance of a license, including the license 
 94.23  identification number, does not entitle a licensee to exercise 
 94.24  the rights or privileges conferred by a license.  
 94.25     Sec. 80.  Minnesota Statutes 1996, section 97A.415, 
 94.26  subdivision 2, is amended to read: 
 94.27     Subd. 2.  [TRANSFER PROHIBITED.] A person may not lend, 
 94.28  transfer, borrow, or solicit a license or permit, license 
 94.29  identification number, application for a license or permit, 
 94.30  coupon, tag, or seal, or use a license, permit, license 
 94.31  identification number, coupon, tag, or seal not issued to the 
 94.32  person unless otherwise expressly authorized.  
 94.33     Sec. 81.  Minnesota Statutes 1996, section 97B.667, is 
 94.34  amended to read: 
 94.35     97B.667 [REMOVAL OF BEAVER DAMS AND LODGES BY ROAD 
 94.36  AUTHORITIES.] 
 95.1      When a drainage watercourse is impaired by a beaver dam and 
 95.2   the water damages or threatens to damage a public road, the road 
 95.3   authority, as defined in section 160.02, subdivision 9, may 
 95.4   remove the impairment and any associated beaver lodge within 300 
 95.5   feet of the road, if the commissioner approves. 
 95.6      Sec. 82.  Minnesota Statutes 1996, section 97B.715, 
 95.7   subdivision 1, is amended to read: 
 95.8      Subdivision 1.  [STAMP REQUIRED.] (a) Except as provided in 
 95.9   paragraph (b) or section 97A.405, subdivision 2, a person 
 95.10  required to possess a small game license may not hunt pheasants 
 95.11  without:  
 95.12     (1) a pheasant stamp in possession; or 
 95.13     (2) a pheasant validation on the small game license.  
 95.14     (b) The following persons are exempt from this subdivision: 
 95.15     (1) residents under age 18 or over age 65; and 
 95.16     (2) persons hunting on licensed private commercial shooting 
 95.17  preserves. 
 95.18     Sec. 83.  Minnesota Statutes 1996, section 97B.721, is 
 95.19  amended to read: 
 95.20     97B.721 [LICENSE AND STAMP REQUIRED TO TAKE TURKEY; TAGGING 
 95.21  AND REGISTRATION REQUIREMENTS.] 
 95.22     (a) Except as provided in paragraph (b) or section 97A.405, 
 95.23  subdivision 2, a person may not take a turkey without a turkey 
 95.24  license and: 
 95.25     (1) a turkey stamp in possession; or 
 95.26     (2) a turkey validation on the turkey license. 
 95.27     (b) The requirement in paragraph (a) to possess a turkey 
 95.28  stamp or a license validation does not apply to persons under 
 95.29  age 18. 
 95.30     (c) The commissioner may by rule prescribe requirements for 
 95.31  the tagging and registration of turkeys. 
 95.32     Sec. 84.  Minnesota Statutes 1996, section 97B.801, is 
 95.33  amended to read: 
 95.34     97B.801 [MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED.] 
 95.35     (a) Except as provided in this section or section 97A.405, 
 95.36  subdivision 2, a person required to possess a small game license 
 96.1   may not take migratory waterfowl without: 
 96.2      (1) a Minnesota migratory waterfowl stamp in possession; or 
 96.3      (2) a migratory waterfowl validation on the small game 
 96.4   license.  
 96.5      (b) Residents under age 18 or over age 65 and persons 
 96.6   hunting on their own property are not required to possess the a 
 96.7   stamp or a license validation under this section.  
 96.8      Sec. 85.  Minnesota Statutes 1996, section 97C.305, 
 96.9   subdivision 1, is amended to read: 
 96.10     Subdivision 1.  [REQUIREMENT.] Except as provided in 
 96.11  subdivision 2 or section 97A.405, subdivision 2, a person over 
 96.12  age 16 and under age 65 required to possess an angling license 
 96.13  must have a trout and salmon stamp in possession or a trout 
 96.14  validation on the angling license to: 
 96.15     (1) take fish by angling in: 
 96.16     (i) a stream designated by the commissioner as a trout 
 96.17  stream; 
 96.18     (ii) a lake designated by the commissioner as a trout lake; 
 96.19  or 
 96.20     (iii) Lake Superior; or 
 96.21     (2) possess trout or salmon taken in the state by angling. 
 96.22     Sec. 86.  Minnesota Statutes 1996, section 97C.501, 
 96.23  subdivision 2, is amended to read: 
 96.24     Subd. 2.  [MINNOW DEALERS.] (a) A person may not be a 
 96.25  minnow dealer without a minnow dealer license except as provided 
 96.26  in subdivision 3. 
 96.27     (b) A minnow dealer must obtain a minnow dealer's helper 
 96.28  license for each person employed to take, buy, sell, or 
 96.29  transport minnows by the minnow dealer.  The minnow dealer may 
 96.30  transfer a helper's license from a former helper to a new helper.
 96.31     (c) A minnow dealer must obtain a minnow dealer's vehicle 
 96.32  license for each motor vehicle used to transport minnows.  The 
 96.33  serial number, motor vehicle license number, make, and model 
 96.34  must be on the license.  The license must be conspicuously 
 96.35  displayed in the vehicle.  
 96.36     (d) (c) A minnow dealer may not transport minnows out of 
 97.1   the state without an exporting minnow dealer license.  A minnow 
 97.2   dealer must obtain an exporting minnow dealer's vehicle license 
 97.3   for each motor vehicle used to transport minnows out of the 
 97.4   state.  The serial number, motor vehicle license number, make, 
 97.5   and model must be on the license.  The license must be 
 97.6   conspicuously displayed in the vehicle.  
 97.7      Sec. 87.  Minnesota Statutes 1996, section 97C.801, is 
 97.8   amended to read: 
 97.9      97C.801 [TAKING ROUGH FISH ON MISSISSIPPI AND MINNESOTA 
 97.10  RIVERS RIVER.] 
 97.11     Subdivision 1.  [ROUGH FISH ON MINNESOTA AND MISSISSIPPI 
 97.12  RIVERS.] (a) A license is required to take rough fish by set 
 97.13  line in the Minnesota river from Mankato to its junction with 
 97.14  the Mississippi river, and in the Mississippi river from St. 
 97.15  Anthony Falls to the St. Croix junction.  
 97.16     (b) A person may use only one set line to take rough fish 
 97.17  in the Minnesota river from Mankato to its junction with the 
 97.18  Mississippi river, and in the Mississippi river from St. Anthony 
 97.19  Falls to the St. Croix river junction, and the set line must: 
 97.20     (1) have not more than ten hooks; 
 97.21     (2) be set only in the flowing waters of the river; 
 97.22     (3) staked only at one end; and 
 97.23     (4) remain at the location designated in the application 
 97.24  for license unless approval of the commissioner has been given 
 97.25  to change the location.  
 97.26     (c) Notwithstanding section 97C.391, subdivision 1, rough 
 97.27  fish taken under this subdivision may not be bought or sold.  
 97.28     Subd. 2.  [COMMERCIAL FISH NETTING AND SET LINES ON 
 97.29  MISSISSIPPI RIVER.] (a) A license is required to commercially 
 97.30  take rough fish with seines and set lines in the Mississippi 
 97.31  river from the St. Croix river junction to St. Anthony Falls.  
 97.32     (b) A person may take rough fish in the Mississippi river, 
 97.33  from the St. Croix river junction to St. Anthony Falls, only 
 97.34  with the following equipment and methods: 
 97.35     (1) operations shall be conducted only in the flowing 
 97.36  waters of the river and in tributary backwaters prescribed by 
 98.1   the commissioner; 
 98.2      (2) only one set line may be used that has an 
 98.3   identification tag and not more than 100 hooks; 
 98.4      (3) seines may be used only as prescribed by the 
 98.5   commissioner; 
 98.6      (4) (3) seines must be hauled to a landing immediately 
 98.7   after being placed; 
 98.8      (5) (4) two seines may not be joined together in the water; 
 98.9      (6) (5) a net may not be raised, laid out, or landed, 
 98.10  between sunset and sunrise; and 
 98.11     (7) (6) the location of a net or seine may not be changed 
 98.12  from the place specified in the license application without 
 98.13  notifying the commissioner of the proposed change.  
 98.14     Sec. 88.  Minnesota Statutes 1996, section 97C.835, is 
 98.15  amended by adding a subdivision to read: 
 98.16     Subd. 9.  [TRAWLS IN LAKE SUPERIOR.] (a) This subdivision 
 98.17  applies to the use of trawls in Lake Superior.  
 98.18     (b) Up to five trawls may be licensed to take fish species 
 98.19  listed in subdivision 2.  Trawls must not exceed a size 
 98.20  determined by a headrope of 115 feet, the mesh of the webbing in 
 98.21  the cod shall be no smaller than 3/4 inch stretch measure, and 
 98.22  forward body wing mesh size shall be no smaller than two inches 
 98.23  stretch measure. 
 98.24     (c) All live game fish species must be returned to the 
 98.25  water.  Dead lake trout may be possessed if they are tagged with 
 98.26  tags issued from the Lake Superior area fisheries office.  All 
 98.27  untagged dead lake trout and all other dead game fish species 
 98.28  must be returned to the water.  
 98.29     (d) All fish taken, whether retained by the licensee or 
 98.30  returned to the lake, must be reported to the Lake Superior area 
 98.31  fisheries office before the tenth day of the following month.  
 98.32  The commissioner must provide the licensee with the necessary 
 98.33  reporting forms. 
 98.34     (e) During the closed season for herring, all trawling must 
 98.35  be targeted for the harvest of rainbow smelt and restricted to a 
 98.36  water depth of 20 fathoms or greater. 
 99.1      (f) The commissioner of natural resources may require a 
 99.2   licensee to notify the Lake Superior area fisheries office of 
 99.3   trawling activities.  
 99.4      (g) The commissioner of natural resources may suspend 
 99.5   trawling operations to protect aquatic resources and prevent 
 99.6   conflicts with other lawful activities. 
 99.7      Sec. 89.  Minnesota Statutes 1996, section 103F.378, 
 99.8   subdivision 1, is amended to read: 
 99.9      Subdivision 1.  [DUTIES.] The Minnesota river basin joint 
 99.10  powers board, established under section 471.59 for the purpose 
 99.11  of coordinating efforts to improve water quality in the 
 99.12  Minnesota river and achieving the goal of making the Minnesota 
 99.13  river suitable for fishing and swimming by the year 2005, has 
 99.14  the following duties: 
 99.15     (1) coordination of comprehensive cleanup goals for the 
 99.16  Minnesota river by coordinating the work plans of the 12 major 
 99.17  watersheds and the member counties of the joint powers board, 
 99.18  state agencies, and the University of Minnesota in cleanup 
 99.19  efforts and submission of periodic river cleanup plans for 
 99.20  submission to the governor and the legislature; 
 99.21     (2) advising on the development and use of monitoring and 
 99.22  evaluation systems in the Minnesota river and the incorporation 
 99.23  of the data obtained from these systems into the planning 
 99.24  process; 
 99.25     (3) conducting public meetings of the board on at least a 
 99.26  quarterly basis at locations within the Minnesota river basin; 
 99.27     (4) conducting an ongoing information and education program 
 99.28  concerning the status of the Minnesota river, including an 
 99.29  annual conference on the state of the Minnesota river; and 
 99.30     (5) providing periodic reports and budget requests to the 
 99.31  governor's office and the chairs of the agriculture and 
 99.32  environment and natural resources committees of the senate and 
 99.33  the house of representatives regarding progress on meeting river 
 99.34  water quality management goals and future funding required for 
 99.35  this effort.; 
 99.36     (6) advising on the development of projects within the 12 
100.1   major watersheds that are scientifically sound, have landowner 
100.2   support, and reduce inputs of pollutants into the Minnesota 
100.3   river basin; and 
100.4      (7) administering the distribution of project 
100.5   implementation funds for the 12 major watersheds by approving 
100.6   projects, identifying matching components for each project, and 
100.7   tracking the results achieved for each project. 
100.8      Sec. 90.  Minnesota Statutes 1996, section 115.03, is 
100.9   amended by adding a subdivision to read: 
100.10     Subd. 9.  [FUTURE COSTS OF WASTEWATER TREATMENT; UPDATE OF 
100.11  1995 REPORT.] The commissioner shall, by January 15, 1998, and 
100.12  each even-numbered year thereafter, provide the chairs of the 
100.13  house and senate committees with primary jurisdiction over the 
100.14  agency's budget with the following information: 
100.15     (1) an updated list of all wastewater treatment upgrade and 
100.16  construction projects the agency has identified to meet existing 
100.17  and proposed water quality standards and regulations; 
100.18     (2) an estimate of the total costs associated with the 
100.19  projects listed in clause (1), and the projects' priority 
100.20  ranking under Minnesota Rules, chapter 7077.  The costs of 
100.21  projects necessary to meet existing standards must be identified 
100.22  separately from the costs of projects necessary to meet proposed 
100.23  standards; 
100.24     (3) the commissioner's best estimate, developed in 
100.25  consultation with the commissioner of trade and economic 
100.26  development and affected permittees, of the increase in sewer 
100.27  service rates to the residents in the municipalities required to 
100.28  construct the projects listed in clause (1) resulting from the 
100.29  cost of these projects; and 
100.30     (4) a list of existing and proposed state water quality 
100.31  standards which are more stringent than is necessary to comply 
100.32  with federal law, either because the standard has no applicable 
100.33  federal water quality criteria, or because the standard is more 
100.34  stringent than the applicable federal water quality criteria. 
100.35     Sec. 91.  [115.58] [ALTERNATIVE DISCHARGING SEWAGE SYSTEMS; 
100.36  GENERAL PERMITS.] 
101.1      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
101.2   subdivision apply to this section. 
101.3      (b) "Alternative discharging sewage system" means a sewage 
101.4   treatment system serving one or more dwellings and other 
101.5   establishments that discharges less than 10,000 gallons of water 
101.6   per day and uses any treatment and disposal methods other than 
101.7   subsurface soil treatment and disposal. 
101.8      (c) "Permit" means a National Pollutant Discharge 
101.9   Elimination System permit or state disposal system permit issued 
101.10  to a person for the installation, ownership, management, or 
101.11  control of alternative discharging sewage systems whose 
101.12  operations, emissions, activities, discharges, or facilities are 
101.13  the same or substantially similar. 
101.14     (d) "Water quality cooperative" means an incorporated 
101.15  association of persons organized under chapter 308A to install, 
101.16  own, manage, and control individual sewage treatment systems or 
101.17  alternative discharging sewage systems and provide water quality 
101.18  treatment and management for its members. 
101.19     (e) "Water quality treatment and management services" means 
101.20  the monitoring and control of alternative discharging sewage 
101.21  systems to eliminate or reduce water pollution from point and 
101.22  nonpoint sources, the management, use, reuse, recycling, or 
101.23  reclamation of land, water, or wastewater for water supply, 
101.24  geothermal heating and cooling, fire protection, irrigation, 
101.25  drainage, open space or green belt preservation, storm water 
101.26  control, flood control, or other purposes that are part of a 
101.27  comprehensive plan to reduce, prevent, or eliminate water 
101.28  pollution. 
101.29     Subd. 2.  [AREAWIDE PERMIT.] The agency may issue an 
101.30  areawide permit for alternative discharging sewage systems, 
101.31  where the systems: 
101.32     (1) meet all applicable federal and state standards for 
101.33  treatment and discharge of sewage effluents; 
101.34     (2) are part of a water quality treatment and management 
101.35  plan to prevent, eliminate, or reduce water pollution within a 
101.36  defined geographic area; and 
102.1      (3) are owned or controlled by a water quality cooperative. 
102.2      Subd. 3.  [EXEMPTION FROM INDIVIDUAL SEWAGE TREATMENT 
102.3   SYSTEM REQUIREMENTS.] A system permitted under subdivision 2 is 
102.4   exempt from the requirements of a local ordinance adopted to 
102.5   conform with section 115.55, if the system complies with the 
102.6   applicable standards for discharges and treatment of sewage 
102.7   effluents. 
102.8      Sec. 92.  Minnesota Statutes 1996, section 115A.54, 
102.9   subdivision 2a, is amended to read: 
102.10     Subd. 2a.  [SOLID WASTE MANAGEMENT PROJECTS.] (a) The 
102.11  director shall provide technical and financial assistance for 
102.12  the acquisition and betterment of solid waste management 
102.13  projects as provided in this subdivision and section 115A.52.  
102.14  Money appropriated for the purposes of this subdivision must be 
102.15  distributed as grants. 
102.16     (b) Except as provided in paragraph (c), a project may 
102.17  receive grant assistance up to 25 percent of the capital cost of 
102.18  the project or $2,000,000, whichever is less, except that 
102.19  projects constructed as a result of intercounty cooperative 
102.20  agreements may receive (1) grant assistance up to 25 percent of 
102.21  the capital cost of the project; or (2) $2,000,000 times the 
102.22  number of participating counties, whichever is less.  
102.23     (c) A recycling project or a project to compost or 
102.24  cocompost waste may receive grant assistance up to 50 percent of 
102.25  the capital cost of the project or $2,000,000, whichever is 
102.26  less, except that projects completed as a result of intercounty 
102.27  cooperative agreements may receive (1) grant assistance up to 50 
102.28  percent of the capital cost of the project; or (2) $2,000,000 
102.29  times the number of participating counties, whichever is less.  
102.30  The following projects may also receive grant assistance in the 
102.31  amounts specified in this paragraph: 
102.32     (1) a project to improve control of or reduce air emissions 
102.33  at an existing resource recovery facility; and 
102.34     (2) a project to substantially increase the recovery of 
102.35  materials or energy, substantially reduce the amount or toxicity 
102.36  of waste processing residuals, or expand the capacity of an 
103.1   existing resource recovery facility to meet the resource 
103.2   recovery needs of an expanded region if each county from which 
103.3   waste is or would be received has achieved a recycling rate in 
103.4   excess of the goals in section 115A.551, and is implementing 
103.5   aggressive waste reduction and household hazardous waste 
103.6   management programs. 
103.7      (d) Notwithstanding paragraph (e), the director may award 
103.8   grants for transfer stations that will initially transfer waste 
103.9   to landfills if the transfer stations are part of a planned 
103.10  resource recovery project, the county where the planned resource 
103.11  recovery facility will be located has a comprehensive solid 
103.12  waste management plan approved by the director, and the solid 
103.13  waste management plan proposes the development of the resource 
103.14  recovery facility.  If the proposed resource recovery facility 
103.15  is not in place and operating within eight 12 years of the date 
103.16  of the grant award, the recipient shall repay the grant amount 
103.17  to the state. 
103.18     (e) Projects without resource recovery are not eligible for 
103.19  assistance. 
103.20     (f) In addition to any assistance received under paragraph 
103.21  (b) or (c), a project may receive grant assistance for the cost 
103.22  of tests necessary to determine the appropriate pollution 
103.23  control equipment for the project or the environmental effects 
103.24  of the use of any product or material produced by the project. 
103.25     (g) In addition to the application requirements of section 
103.26  115A.51, an application for a project serving eligible 
103.27  jurisdictions in only a single county must demonstrate that 
103.28  cooperation with jurisdictions in other counties to develop the 
103.29  project is not needed or not feasible.  Each application must 
103.30  also demonstrate that the project is not financially prudent 
103.31  without the state assistance, because of the applicant's 
103.32  financial capacity and the problems inherent in the waste 
103.33  management situation in the area, particularly transportation 
103.34  distances and limited waste supply and markets for resources 
103.35  recovered.  
103.36     (h) For the purposes of this subdivision, a "project" means 
104.1   a processing facility, together with any transfer stations, 
104.2   transmission facilities, and other related and appurtenant 
104.3   facilities primarily serving the processing facility.  The 
104.4   director shall adopt rules for the program by July 1, 1985. 
104.5      (i) Notwithstanding anything in this subdivision to the 
104.6   contrary, a project to construct a new mixed municipal solid 
104.7   waste transfer station that has an enforceable commitment of at 
104.8   least ten years, or of sufficient length to retire bonds sold 
104.9   for the facility, to serve an existing resource recovery 
104.10  facility may receive grant assistance up to 75 percent of the 
104.11  capital cost of the project if addition of the transfer station 
104.12  will increase substantially the geographical area served by the 
104.13  resource recovery facility and the ability of the resource 
104.14  recovery facility to operate more efficiently on a regional 
104.15  basis and the facility meets the criteria in paragraph (c), the 
104.16  second clause (2).  A transfer station eligible for assistance 
104.17  under this paragraph is not eligible for assistance under any 
104.18  other paragraph of this subdivision. 
104.19     Sec. 93.  Minnesota Statutes 1996, section 115A.932, 
104.20  subdivision 1, is amended to read: 
104.21     Subdivision 1.  [PROHIBITIONS.] (a) A person may not place 
104.22  mercury or a thermostat, thermometer, electric switch, 
104.23  appliance, gauge, or medical or scientific instrument from which 
104.24  the mercury has not been removed for reuse or recycling: 
104.25     (1) in solid waste; or 
104.26     (2) in a wastewater disposal system. 
104.27     (b) A person may not knowingly place mercury or a 
104.28  thermostat, thermometer, electric switch, appliance, gauge, or 
104.29  medical or scientific instrument from which the mercury has not 
104.30  been removed for reuse or recycling: 
104.31     (1) in a solid waste processing facility; or 
104.32     (2) in a solid waste disposal facility, as defined in 
104.33  section 115.01, subdivision 4. 
104.34     (c) A person may not knowingly place a fluorescent or high 
104.35  intensity discharge lamp: 
104.36     (1) in solid waste; or 
105.1      (2) in a solid waste facility, except a household hazardous 
105.2   waste collection or recycling facility. 
105.3      This paragraph does not apply to waste lamps generated by 
105.4   households until August 1, 1994. 
105.5      Sec. 94.  Minnesota Statutes 1996, section 115B.02, is 
105.6   amended by adding a subdivision to read: 
105.7      Subd. 9a.  [INSTITUTIONAL CONTROLS.] "Institutional 
105.8   controls" means legally enforceable restrictions, conditions, or 
105.9   controls on the use of real property, groundwater, or surface 
105.10  water located at or adjacent to a facility where response 
105.11  actions are taken that are reasonably required to assure that 
105.12  the response actions are protective of public health or welfare 
105.13  or the environment.  Institutional controls include 
105.14  restrictions, conditions, or controls enforceable by contract, 
105.15  easement, restrictive covenant, statute, ordinance, or rule, 
105.16  including official controls such as zoning, building codes, and 
105.17  official maps.  An affidavit required under section 115B.16, 
105.18  subdivision 2, or similar notice of a release recorded with real 
105.19  property records is also an institutional control. 
105.20     Sec. 95.  Minnesota Statutes 1996, section 115B.02, 
105.21  subdivision 16, is amended to read: 
105.22     Subd. 16.  [REMEDY OR REMEDIAL ACTION.] "Remedy" or 
105.23  "remedial action" means those actions consistent with permanent 
105.24  remedy taken instead of or in addition to removal actions in the 
105.25  event of a release or threatened release of a hazardous 
105.26  substance, or a pollutant or contaminant, into the environment, 
105.27  to prevent, minimize or eliminate the release in order to 
105.28  protect the public health or welfare or the environment.  
105.29     Remedy or remedial action includes, but is not limited to:  
105.30     (a) Actions at the location of the release such as storage, 
105.31  confinement, perimeter protection using dikes, trenches, or 
105.32  ditches, clay cover, neutralization, cleanup of released 
105.33  hazardous substances, pollutants or contaminants, or 
105.34  contaminated materials, recycling or reuse, diversion, 
105.35  destruction, segregation of reactive wastes, dredging or 
105.36  excavations, repair or replacement of leaking containers, 
106.1   collection of leachate and runoff, on-site treatment or 
106.2   incineration, provision of alternative water supplies, and any 
106.3   monitoring and maintenance, and institutional controls, 
106.4   reasonably required to assure that these actions protect the 
106.5   public health and welfare and the environment; and 
106.6      (b) The costs of permanent relocation of residents and 
106.7   businesses and community facilities when the agency determines 
106.8   that, alone or in combination with other measures, relocation is 
106.9   more cost-effective than and environmentally preferable to the 
106.10  transportation, storage, treatment, destruction, or secure 
106.11  disposition off-site of hazardous substances, or pollutants or 
106.12  contaminants, or may otherwise be necessary to protect the 
106.13  public health or welfare.  
106.14     Remedy or remedial action does not include offsite 
106.15  transport of hazardous substances, pollutants or contaminants, 
106.16  or contaminated materials or their storage, treatment, 
106.17  destruction, or secure disposition offsite unless the agency 
106.18  determines that these actions:  
106.19     (1) Are more cost-effective than other remedial actions; 
106.20     (2) Will create new capacity to manage hazardous substances 
106.21  in addition to those located at the affected facility, in 
106.22  compliance with section 116.07 and subtitle C of the Solid Waste 
106.23  Disposal Act, United States Code, title 42, section 6921 et 
106.24  seq.; or 
106.25     (3) Are necessary to protect the public health or welfare 
106.26  or the environment from a present or potential risk which may be 
106.27  created by further exposure to the continued presence of the 
106.28  hazardous substances, pollutants or contaminants, or 
106.29  contaminated materials.  
106.30     Sec. 96.  Minnesota Statutes 1996, section 115B.17, 
106.31  subdivision 14, is amended to read: 
106.32     Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
106.33  OVERSIGHT.] (a) The commissioner may, upon request, assist a 
106.34  person in determining whether real property has been the site of 
106.35  a release or threatened release of a hazardous substance, 
106.36  pollutant, or contaminant.  The commissioner may also assist in, 
107.1   or supervise, the development and implementation of reasonable 
107.2   and necessary response actions.  Assistance may include review 
107.3   of agency records and files, and review and approval of a 
107.4   requester's investigation plans and reports and response action 
107.5   plans and implementation. 
107.6      (b) Except as otherwise provided in this paragraph, the 
107.7   person requesting assistance under this subdivision shall pay 
107.8   the agency for the agency's cost, as determined by the 
107.9   commissioner, of providing assistance.  A state agency, 
107.10  political subdivision, or other public entity is not required to 
107.11  pay for the agency's cost to review agency records and files.  
107.12  Money received by the agency for assistance under this section 
107.13  must be deposited in the environmental response, compensation, 
107.14  and compliance fund. 
107.15     (c) When a person investigates a release or threatened 
107.16  release in accordance with an investigation plan approved by the 
107.17  commissioner under this subdivision, the investigation does not 
107.18  associate that person with the release or threatened release for 
107.19  the purpose of section 115B.03, subdivision 3, paragraph (d). 
107.20     Sec. 97.  Minnesota Statutes 1996, section 115B.17, 
107.21  subdivision 15, is amended to read: 
107.22     Subd. 15.  [ACQUISITION OF PROPERTY.] The agency may 
107.23  acquire, by purchase or donation, an interest in real property, 
107.24  including easements, restrictive covenants, and leases, that the 
107.25  agency determines is necessary for response action.  The 
107.26  validity and duration of a restrictive covenant or nonpossessory 
107.27  easement acquired under this subdivision shall be determined in 
107.28  the same manner as the validity and duration of a conservation 
107.29  easement under chapter 84C, unless the duration is otherwise 
107.30  provided in the agreement.  The agency may acquire an easement 
107.31  by condemnation only if the agency is unable, after reasonable 
107.32  efforts, to acquire an interest in real property by purchase or 
107.33  donation.  The provisions of chapter 117 govern condemnation 
107.34  proceedings by the agency under this subdivision.  A donation of 
107.35  an interest in real property to the agency is not effective 
107.36  until the agency executes a certificate of acceptance.  The 
108.1   state is not liable under this chapter solely as a result of 
108.2   acquiring an interest in real property under this subdivision. 
108.3      Sec. 98.  Minnesota Statutes 1996, section 115B.17, is 
108.4   amended by adding a subdivision to read: 
108.5      Subd. 17.  [SETTLEMENTS; GENERAL AUTHORITY.] In addition to 
108.6   the general authority vested in the agency to settle any claims 
108.7   under sections 115B.01 to 115B.18, the agency may exercise the 
108.8   settlement authorities provided in subdivisions 17 to 20.  If 
108.9   the agency does not obtain complete relief for all of its claims 
108.10  under sections 115B.01 to 115B.18, pursuant to a settlement, the 
108.11  agency may bring claims under those sections against any person 
108.12  who is not a party to the settlement, but the settlement shall 
108.13  reduce the liability of any person who is not a party to the 
108.14  settlement by the amount of the settlement. 
108.15     Sec. 99.  Minnesota Statutes 1996, section 115B.17, is 
108.16  amended by adding a subdivision to read: 
108.17     Subd. 18.  [CONTRIBUTION PROTECTION FOR 
108.18  SETTLORS.] Notwithstanding anything to the contrary in section 
108.19  115B.08 or any other law, a person who resolves its liability to 
108.20  the agency under sections 115B.01 to 115B.18 in a settlement 
108.21  shall not be liable for any claim for contribution regarding 
108.22  matters addressed in the settlement.  Except as otherwise 
108.23  provided in the settlement, a party to a settlement retains any 
108.24  right under section 115B.08 or any other law to bring a claim 
108.25  for contribution against any person who is not a party to the 
108.26  settlement.  Any claim for contribution against a person who is 
108.27  not a party to the settlement shall be subordinate to any claim 
108.28  asserted against such person by the agency. 
108.29     Sec. 100.  Minnesota Statutes 1996, section 115B.17, is 
108.30  amended by adding a subdivision to read: 
108.31     Subd. 19.  [REIMBURSEMENT UNDER CERTAIN SETTLEMENTS.] (a) 
108.32  When the agency determines that some but not all persons 
108.33  responsible for a release are willing to implement response 
108.34  actions, the agency may agree, pursuant to a settlement of its 
108.35  claims under sections 115B.01 to 115B.18, to reimburse the 
108.36  settling parties for response costs incurred to take the 
109.1   actions.  The agency may agree to reimburse any amount which 
109.2   does not exceed the amount that the agency estimates may be 
109.3   attributable to the liability of responsible persons who are not 
109.4   parties to the settlement.  Reimbursement may be provided only 
109.5   for the cost of conducting remedial design and constructing 
109.6   remedial action pursuant to the terms of the settlement.  
109.7   Reimbursement under this subdivision shall be paid only upon the 
109.8   agency's determination that the remedial action approved by the 
109.9   agency has been completed in accordance with the terms of the 
109.10  settlement.  The agency may use money appropriated to it for 
109.11  actions authorized under section 115B.20, subdivision 2, clause 
109.12  (2), to pay reimbursement under this subdivision. 
109.13     (b) The agency may agree to provide reimbursement under a 
109.14  settlement only when all of the following requirements have been 
109.15  met: 
109.16     (1) the agency has made the determination under paragraph 
109.17  (c) regarding persons who are not participating in the 
109.18  settlement, and has provided written notice to persons 
109.19  identified under paragraph (c), clauses (1) and (2), of their 
109.20  opportunity to participate in the settlement or in a separate 
109.21  settlement under subdivision 20; 
109.22     (2) the release addressed in the settlement has been 
109.23  assigned a priority pursuant to agency rules adopted under 
109.24  subdivision 13, and the priority is at least as high as a 
109.25  release for which the agency would be allowed to allocate funds 
109.26  for remedial action under the rules; 
109.27     (3) an investigation of the release addressed in the 
109.28  settlement has been completed in accordance with a plan approved 
109.29  by the agency; and 
109.30     (4) the agency has approved the remedial action to be 
109.31  implemented under the settlement. 
109.32     (c) Before entering into a settlement providing for 
109.33  reimbursement under this subdivision, the agency shall determine 
109.34  that there are one or more persons who meet any of the following 
109.35  criteria who are not participating in the settlement: 
109.36     (1) persons identified by the agency as responsible for the 
110.1   release addressed in the settlement but who are likely to have 
110.2   only minimal involvement in actions leading to the release, or 
110.3   are insolvent or financially unable to pay any significant share 
110.4   of response action costs; 
110.5      (2) persons identified by the agency as responsible for the 
110.6   release other than persons described in clause (1) and who are 
110.7   unwilling to participate in the settlement or to take response 
110.8   actions with respect to the release; 
110.9      (3) persons whom the agency has reason to believe are 
110.10  responsible for the release addressed in the settlement but whom 
110.11  the agency has been unable to identify; or 
110.12     (4) persons identified to the agency by a party to the 
110.13  proposed settlement as persons who are potentially responsible 
110.14  for the release but for whom the agency has insufficient 
110.15  information to determine responsibility. 
110.16     (d) Except as otherwise provided in this subdivision, a 
110.17  decision of the agency under this subdivision to offer or agree 
110.18  to provide reimbursement in any settlement, or to determine the 
110.19  amount of reimbursement it will provide under a settlement, is a 
110.20  matter of agency discretion in the exercise of its enforcement 
110.21  authority.  In exercising discretion in this matter, the agency 
110.22  may consider, among other factors, the degree of cooperation 
110.23  with the agency that has been shown prior to the settlement by 
110.24  the parties seeking reimbursement. 
110.25     (e) The agency may require as a term of settlement under 
110.26  this subdivision that the parties receiving reimbursement from 
110.27  the agency waive any rights they may have to bring a claim for 
110.28  contribution against persons who are not parties to the 
110.29  settlement. 
110.30     Sec. 101.  Minnesota Statutes 1996, section 115B.17, is 
110.31  amended by adding a subdivision to read: 
110.32     Subd. 20.  [SETTLEMENTS WITH DE MINIMIS PARTIES AND PARTIES 
110.33  WITH LIMITED FINANCIAL RESOURCES.] (a) The agency may agree to 
110.34  separately settle its claims under sections 115B.01 to 115B.18 
110.35  with any persons: 
110.36     (1) whose liability for response costs or response actions, 
111.1   in the determination of the agency, is minimal in comparison 
111.2   with the liability of other persons responsible for the release; 
111.3   or 
111.4      (2) who are responsible for a release but, in the 
111.5   determination of the agency, are insolvent or financially unable 
111.6   to pay any significant share of their liability for the response 
111.7   costs. 
111.8      (b) A settlement under this subdivision may require the 
111.9   parties to pay a fixed amount in money or in kind toward the 
111.10  implementation of response actions, and may include a premium 
111.11  for the risk of additional future response costs or response 
111.12  action requirements.  The agency may require as a term of a 
111.13  settlement under this subdivision that the settling responsible 
111.14  persons waive any rights they may have to bring a claim for 
111.15  contribution against persons who are not parties to the 
111.16  settlement. 
111.17     (c) All amounts paid to the agency under a settlement 
111.18  entered into pursuant to this subdivision shall be deposited in 
111.19  the account and are appropriated to the agency to pay for 
111.20  response actions and associated administrative and legal costs 
111.21  related to the release addressed in the settlement, including 
111.22  reimbursement for response costs under subdivision 19. 
111.23     Sec. 102.  Minnesota Statutes 1996, section 115B.175, 
111.24  subdivision 2, is amended to read: 
111.25     Subd. 2.  [PARTIAL RESPONSE ACTION PLANS; CRITERIA FOR 
111.26  APPROVAL.] (a) The commissioner may approve a voluntary response 
111.27  action plan submitted under this section that does not require 
111.28  removal or remedy of all releases and threatened releases at an 
111.29  identified area of real property if the commissioner determines 
111.30  that all of the following criteria have been met: 
111.31     (1) if reuse or development of the property is proposed, 
111.32  the voluntary response action plan provides for all response 
111.33  actions required to carry out the proposed reuse or development 
111.34  in a manner that meets the same standards for protection that 
111.35  apply to response actions taken or requested under section 
111.36  115B.17, subdivision 1 or 2; 
112.1      (2) the response actions and the activities associated with 
112.2   any reuse or development proposed for the property will not 
112.3   aggravate or contribute to releases or threatened releases that 
112.4   are not required to be removed or remedied under the voluntary 
112.5   response action plan, and will not interfere with or 
112.6   substantially increase the cost of response actions to address 
112.7   the remaining releases or threatened releases; and 
112.8      (3) the owner of the property agrees to cooperate with the 
112.9   commissioner or other persons acting at the direction of the 
112.10  commissioner in taking response actions necessary to address 
112.11  remaining releases or threatened releases, and to avoid any 
112.12  action that interferes with the response actions. 
112.13     (b) Under paragraph (a), clause (3), an owner may be 
112.14  required to agree to any or all of the following terms necessary 
112.15  to carry out response actions to address remaining releases or 
112.16  threatened releases: 
112.17     (1) to provide access to the property to the commissioner 
112.18  and the commissioner's authorized representatives; 
112.19     (2) to allow the commissioner, or persons acting at the 
112.20  direction of the commissioner, to undertake reasonable and 
112.21  necessary activities at the property including placement of 
112.22  borings, wells, equipment, and structures on the property, 
112.23  provided that the activities do not unreasonably interfere with 
112.24  the proposed reuse or redevelopment; and 
112.25     (3) to grant easements or other interests in the property 
112.26  to the agency for any of the purposes provided in clause (1) or 
112.27  (2). 
112.28     (c) An agreement under paragraph (a), clause (3), must 
112.29  apply to and be binding upon the successors and assigns of the 
112.30  owner.  The owner shall record the agreement, or a memorandum 
112.31  approved by the commissioner that summarizes the agreement, with 
112.32  the county recorder or registrar of titles of the county where 
112.33  the property is located. 
112.34     Sec. 103.  Minnesota Statutes 1996, section 115B.175, 
112.35  subdivision 6a, is amended to read: 
112.36     Subd. 6a.  [VOLUNTARY RESPONSE ACTIONS BY RESPONSIBLE 
113.1   PERSONS.] (a) Notwithstanding subdivision 1, paragraph (a), when 
113.2   a person who is responsible for a release or threatened release 
113.3   under sections 115B.01 to 115B.18 undertakes and completes 
113.4   response actions, the protection from liability provided by this 
113.5   section applies to persons described in paragraph (c) if the 
113.6   response actions are undertaken and completed in accordance with 
113.7   this subdivision. 
113.8      (b) The response actions must be undertaken and completed 
113.9   in accordance with a voluntary response action plan approved as 
113.10  provided in subdivision 3.  Notwithstanding subdivision 2, a 
113.11  voluntary response action plan submitted by a person who is 
113.12  responsible for the release or threatened release must require 
113.13  remedy or removal of all releases and threatened releases at the 
113.14  identified area of real property.  The identified area of real 
113.15  property must correspond to the boundaries of a parcel that is 
113.16  either separately platted or is the entire parcel. 
113.17     (c) Subject to the provisions of subdivision 7, when the 
113.18  commissioner issues a certificate of completion under 
113.19  subdivision 5 for response actions completed at an identified 
113.20  area of real property in accordance with this subdivision, the 
113.21  liability protection under this section applies to: 
113.22     (1) a person who acquires the identified real property 
113.23  after approval of the voluntary response action plan; 
113.24     (2) a person providing financing for response actions or 
113.25  development at the identified real property after approval of 
113.26  the response action plan, whether the financing is provided to 
113.27  the person undertaking the response actions or other person who 
113.28  acquires or develops the property; and 
113.29     (3) a successor or assign of a person to whom the liability 
113.30  protection applies under this paragraph. 
113.31     (d) When the commissioner issues a certificate of 
113.32  completion for response actions completed by a responsible 
113.33  person, the commissioner and the responsible person may enter 
113.34  into an agreement that resolves the person's future liability to 
113.35  the agency under sections 115B.01 to 115B.18 for the release or 
113.36  threatened release addressed by the response actions. 
114.1      Sec. 104.  Minnesota Statutes 1996, section 115B.412, 
114.2   subdivision 10, is amended to read: 
114.3      Subd. 10.  [REPORT.] By October December 1 of each year, 
114.4   the commissioner shall report to the environment and natural 
114.5   resources committees and to the appropriate finance committees 
114.6   of the senate and the house of representatives on the 
114.7   commissioner's activities under sections 115B.39 to 115B.43 and 
114.8   the commissioner's anticipated activities during future fiscal 
114.9   years. 
114.10     Sec. 105.  Minnesota Statutes 1996, section 115B.48, 
114.11  subdivision 3, is amended to read: 
114.12     Subd. 3.  [DRYCLEANING FACILITY.] "Drycleaning facility" 
114.13  means a facility located in this state that is or has been used 
114.14  for a drycleaning operation, other than: 
114.15     (1) a coin-operated drycleaning operation; 
114.16     (2) a facility located on a United States military base; 
114.17     (3) a uniform service or linen supply facility; 
114.18     (4) a prison or other penal institution; 
114.19     (5) a facility on the national priorities list established 
114.20  under the Federal Superfund Act; or 
114.21     (6) a facility at which a response action has been taken or 
114.22  started under section 115B.17 before July 1, 1995, except as 
114.23  authorized in a settlement agreement approved by the 
114.24  commissioner by July 1, 1997. 
114.25     Sec. 106.  Minnesota Statutes 1996, section 115B.48, 
114.26  subdivision 8, is amended to read: 
114.27     Subd. 8.  [FULL-TIME EQUIVALENCE.] "Full-time equivalence" 
114.28  means 2,000 hours worked by employees, owners, and others, at 
114.29  duties related to the drycleaning operation in a drycleaning 
114.30  facility during a 12-month period beginning July 1 of the 
114.31  preceding year and running through June 30 of the year in which 
114.32  the annual registration fee is due.  For those drycleaning 
114.33  facilities that were in business less than the 12-month period, 
114.34  full-time equivalence means the total of all of the hours worked 
114.35  at duties related to the drycleaning operation in the 
114.36  drycleaning facility, divided by 2,000 and multiplied by a 
115.1   fraction, the numerator of which is 50 and the denominator of 
115.2   which is the number of weeks in business during the reporting 
115.3   period. 
115.4      Sec. 107.  Minnesota Statutes 1996, section 115B.49, 
115.5   subdivision 4, is amended to read: 
115.6      Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
115.7   of a drycleaning facility shall register on or before July 1 of 
115.8   each year with the commissioner of revenue in a manner 
115.9   prescribed by the commissioner of revenue and pay a registration 
115.10  fee for the facility.  The amount of the fee is: 
115.11     (1) $500, for facilities with a full-time equivalence of 
115.12  fewer than five; 
115.13     (2) $1,000, for facilities with a full-time equivalence of 
115.14  five to ten; and 
115.15     (3) $1,500, for facilities with a full-time equivalence of 
115.16  more than ten. 
115.17     (b) A person who sells drycleaning solvents for use by 
115.18  drycleaning facilities in the state shall collect and remit to 
115.19  the commissioner of revenue in a manner prescribed by the 
115.20  commissioner of revenue, on or before the 20th day of the month 
115.21  following the month in which the sales of drycleaning solvents 
115.22  are made, a fee of: 
115.23     (1) $3.50 for each gallon of perchloroethylene sold for use 
115.24  by drycleaning facilities in the state; and 
115.25     (2) 70 cents for each gallon of hydrocarbon-based 
115.26  drycleaning solvent sold for use by drycleaning facilities in 
115.27  the state. 
115.28     (c) The commissioner shall, after a public hearing but 
115.29  notwithstanding section 16A.1285, subdivision 4, annually adjust 
115.30  the fees in this subdivision as necessary to maintain an 
115.31  unencumbered balance in the account annual income of at least 
115.32  $1,000,000: 
115.33     (1) $600,000 beginning July 1, 1997; 
115.34     (2) $700,000 beginning July 1, 1998; and 
115.35     (3) $800,000 beginning July 1, 1999. 
115.36  Any adjustment under this paragraph must be prorated among all 
116.1   the fees in this subdivision.  Fees adjusted under this 
116.2   paragraph may not exceed 200 percent of the fees in this 
116.3   subdivision After adjustment under this paragraph, the fees in 
116.4   this subdivision must not be greater than two times their 
116.5   original amount.  The commissioner shall notify the commissioner 
116.6   of revenue of an adjustment under this paragraph no later than 
116.7   March 1 of the year in which the adjustment is to become 
116.8   effective.  The adjustment is effective for sales of drycleaning 
116.9   solvents made, and annual registration fees due, beginning on 
116.10  July 1 of the same year. 
116.11     (d) To enforce this subdivision, the commissioner of 
116.12  revenue may examine documents, assess and collect fees, conduct 
116.13  investigations, issue subpoenas, grant extensions to file 
116.14  returns and pay fees, impose penalties and interest on the 
116.15  annual registration fee under paragraph (a) and the monthly fee 
116.16  under paragraph (b), abate penalties and interest, and 
116.17  administer appeals, in the manner provided in chapters 270 and 
116.18  289A.  The penalties and interest imposed on taxes under chapter 
116.19  297A apply to the fees imposed under this subdivision.  
116.20  Disclosure of data collected by the commissioner of revenue 
116.21  under this subdivision is governed by chapter 270B. 
116.22     Sec. 108.  Minnesota Statutes 1996, section 116.07, 
116.23  subdivision 4d, is amended to read: 
116.24     Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
116.25  fees in amounts not greater than those necessary to cover the 
116.26  reasonable costs of reviewing and acting upon applications for 
116.27  agency permits and implementing and enforcing the conditions of 
116.28  the permits pursuant to agency rules.  Permit fees shall not 
116.29  include the costs of litigation.  The agency shall adopt rules 
116.30  under section 16A.1285 establishing a system for charging permit 
116.31  fees collected under this subdivision.  The fee schedule must 
116.32  reflect reasonable and routine permitting, implementation, and 
116.33  enforcement costs.  The agency may impose an additional 
116.34  enforcement fee to be collected for a period of up to two years 
116.35  to cover the reasonable costs of implementing and enforcing the 
116.36  conditions of a permit under the rules of the agency.  Any money 
117.1   collected under this paragraph shall be deposited in the special 
117.2   revenue account environmental fund. 
117.3      (b) Notwithstanding paragraph (a), and section 16A.1285, 
117.4   subdivision 2, the agency shall collect an annual fee from the 
117.5   owner or operator of all stationary sources, emission 
117.6   facilities, emissions units, air contaminant treatment 
117.7   facilities, treatment facilities, potential air contaminant 
117.8   storage facilities, or storage facilities subject to the 
117.9   requirement to obtain a permit under subchapter V of the federal 
117.10  Clean Air Act, United States Code, title 42, section 7401 et 
117.11  seq., or section 116.081.  The annual fee shall be used to pay 
117.12  for all direct and indirect reasonable costs, including attorney 
117.13  general costs, required to develop and administer the permit 
117.14  program requirements of subchapter V of the federal Clean Air 
117.15  Act, United States Code, title 42, section 7401 et seq., and 
117.16  sections of this chapter and the rules adopted under this 
117.17  chapter related to air contamination and noise.  Those costs 
117.18  include the reasonable costs of reviewing and acting upon an 
117.19  application for a permit; implementing and enforcing statutes, 
117.20  rules, and the terms and conditions of a permit; emissions, 
117.21  ambient, and deposition monitoring; preparing generally 
117.22  applicable regulations; responding to federal guidance; 
117.23  modeling, analyses, and demonstrations; preparing inventories 
117.24  and tracking emissions; and providing information to the public 
117.25  about these activities. 
117.26     (c) The agency shall adopt fee rules in accordance with the 
117.27  procedures in section 16A.1285, subdivision 5, that: 
117.28     (1) will result in the collection, in the aggregate, from 
117.29  the sources listed in paragraph (b), of the following amounts: 
117.30     (1) an amount not less than $25 per ton of each volatile 
117.31  organic compound; pollutant regulated under United States Code, 
117.32  title 42, section 7411 or 7412 (section 111 or 112 of the 
117.33  federal Clean Air Act); and each pollutant, except carbon 
117.34  monoxide, for which a national primary ambient air quality 
117.35  standard has been promulgated; and 
117.36     (2) the agency fee rules may also result in the collection, 
118.1   in the aggregate, from the sources listed in paragraph (b), of 
118.2   an amount not less than $25 per ton of each pollutant not listed 
118.3   in clause (1) that is regulated under this chapter or air 
118.4   quality rules adopted under this chapter.; and 
118.5      (3) shall collect, in the aggregate, from the sources 
118.6   listed in paragraph (b), the amount needed to match grant funds 
118.7   received by the state under United States Code, title 42, 
118.8   section 7405 (section 105 of the federal Clean Air Act). 
118.9   The agency must not include in the calculation of the aggregate 
118.10  amount to be collected under the fee rules clauses (1) and (2) 
118.11  any amount in excess of 4,000 tons per year of each air 
118.12  pollutant from a source.  The increase in air permit fees to 
118.13  match federal grant funds shall be a surcharge on existing 
118.14  fees.  The commissioner may not collect the surcharge after the 
118.15  grant funds become unavailable.  In addition, the commissioner 
118.16  shall use nonfee funds to the extent practical to match the 
118.17  grant funds so that the fee surcharge is minimized. 
118.18     (d) To cover the reasonable costs described in paragraph 
118.19  (b), the agency shall provide in the rules promulgated under 
118.20  paragraph (c) for an increase in the fee collected in each year 
118.21  by the percentage, if any, by which the Consumer Price Index for 
118.22  the most recent calendar year ending before the beginning of the 
118.23  year the fee is collected exceeds the Consumer Price Index for 
118.24  the calendar year 1989.  For purposes of this paragraph the 
118.25  Consumer Price Index for any calendar year is the average of the 
118.26  Consumer Price Index for all-urban consumers published by the 
118.27  United States Department of Labor, as of the close of the 
118.28  12-month period ending on August 31 of each calendar year.  The 
118.29  revision of the Consumer Price Index that is most consistent 
118.30  with the Consumer Price Index for calendar year 1989 shall be 
118.31  used. 
118.32     (e) Any money collected under paragraphs (b) to (d) must be 
118.33  deposited in an air quality account in the environmental fund 
118.34  and must be used solely for the activities listed in paragraph 
118.35  (b).  
118.36     (f) Persons who wish to construct or expand an air emission 
119.1   facility may offer to reimburse the agency for the costs of 
119.2   staff overtime or consultant services needed to expedite permit 
119.3   review.  The reimbursement shall be in addition to fees imposed 
119.4   by paragraphs (a) to (d).  When the agency determines that it 
119.5   needs additional resources to review the permit application in 
119.6   an expedited manner, and that expediting the review would not 
119.7   disrupt air permitting program priorities, the agency may accept 
119.8   the reimbursement.  Reimbursements accepted by the agency are 
119.9   appropriated to the agency for the purpose of reviewing the 
119.10  permit application.  Reimbursement by a permit applicant shall 
119.11  precede and not be contingent upon issuance of a permit and 
119.12  shall not affect the agency's decision on whether to issue or 
119.13  deny a permit, what conditions are included in a permit, or the 
119.14  application of state and federal statutes and rules governing 
119.15  permit determinations. 
119.16     Sec. 109.  Minnesota Statutes 1996, section 116.07, 
119.17  subdivision 7, is amended to read: 
119.18     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
119.19  LOT PERMITS.] Any Minnesota county board may, by resolution, 
119.20  with approval of the pollution control agency, assume 
119.21  responsibility for processing applications for permits required 
119.22  by the pollution control agency under this section for livestock 
119.23  feedlots, poultry lots or other animal lots.  The responsibility 
119.24  for permit application processing, if assumed by a county, may 
119.25  be delegated by the county board to any appropriate county 
119.26  officer or employee.  
119.27     (a) For the purposes of this subdivision, the term 
119.28  "processing" includes: 
119.29     (1) the distribution to applicants of forms provided by the 
119.30  pollution control agency; 
119.31     (2) the receipt and examination of completed application 
119.32  forms, and the certification, in writing, to the pollution 
119.33  control agency either that the animal lot facility for which a 
119.34  permit is sought by an applicant will comply with applicable 
119.35  rules and standards, or, if the facility will not comply, the 
119.36  respects in which a variance would be required for the issuance 
120.1   of a permit; and 
120.2      (3) rendering to applicants, upon request, assistance 
120.3   necessary for the proper completion of an application. 
120.4      (b) For the purposes of this subdivision, the term 
120.5   "processing" may include, at the option of the county board, 
120.6   issuing, denying, modifying, imposing conditions upon, or 
120.7   revoking permits pursuant to the provisions of this section or 
120.8   rules promulgated pursuant to it, subject to review, suspension, 
120.9   and reversal by the pollution control agency.  The pollution 
120.10  control agency shall, after written notification, have 15 30 
120.11  days to review, suspend, modify, or reverse the issuance of the 
120.12  permit.  After this period, the action of the county board is 
120.13  final, subject to appeal as provided in chapter 14. 
120.14     (c) For the purpose of administration of rules adopted 
120.15  under this subdivision, the commissioner and the agency may 
120.16  provide exceptions for cases where the owner of a feedlot has 
120.17  specific written plans to close the feedlot within five years.  
120.18  These exceptions include waiving requirements for major capital 
120.19  improvements. 
120.20     (d) For purposes of this subdivision, a discharge caused by 
120.21  an extraordinary natural event such as a precipitation event of 
120.22  greater magnitude than the 25-year, 24-hour event, tornado, or 
120.23  flood in excess of the 100-year flood is not a "direct discharge 
120.24  of pollutants." 
120.25     (e) In adopting and enforcing rules under this subdivision, 
120.26  the commissioner shall cooperate closely with other governmental 
120.27  agencies. 
120.28     (f) The pollution control agency shall work with the 
120.29  Minnesota extension service, the department of agriculture, the 
120.30  board of water and soil resources, producer groups, local units 
120.31  of government, as well as with appropriate federal agencies such 
120.32  as the Soil Natural Resources Conservation Service and 
120.33  the Agricultural Stabilization and Conservation Service Farm 
120.34  Service Agency, to notify and educate producers of rules under 
120.35  this subdivision at the time the rules are being developed and 
120.36  adopted and at least every two years thereafter. 
121.1      (g) The pollution control agency shall adopt rules 
121.2   governing the issuance and denial of permits for livestock 
121.3   feedlots, poultry lots or other animal lots pursuant to this 
121.4   section.  A feedlot permit is not required for livestock 
121.5   feedlots with more than ten but less than 50 animal units; 
121.6   provided they are not in shoreland areas.  These rules apply 
121.7   both to permits issued by counties and to permits issued by the 
121.8   pollution control agency directly.  
121.9      (h) The pollution control agency shall exercise supervising 
121.10  authority with respect to the processing of animal lot permit 
121.11  applications by a county.  If a county requests assistance in 
121.12  the development of a feedlot ordinance, the agency and the 
121.13  commissioner of agriculture shall provide information and 
121.14  technical assistance to the county. 
121.15     Sec. 110.  Minnesota Statutes 1996, section 116.92, is 
121.16  amended by adding a subdivision to read: 
121.17     Subd. 8a.  [BAN; MERCURY MANOMETERS.] After June 30, 1997, 
121.18  mercury manometers for use on dairy farms may not be sold or 
121.19  installed, nor may mercury manometers in use on dairy farms be 
121.20  repaired.  After December 31, 2000, all mercury manometers on 
121.21  dairy farms must be removed from use. 
121.22     Sec. 111.  [116.993] [SMALL BUSINESS ENVIRONMENTAL 
121.23  IMPROVEMENT LOAN PROGRAM.] 
121.24     Subdivision 1.  [ESTABLISHMENT.] A small business 
121.25  environmental improvement revolving loan program is established 
121.26  to provide loans to small businesses for the purpose of capital 
121.27  equipment purchases that will meet or exceed environmental rules 
121.28  and regulations or for investigation and cleanup of contaminated 
121.29  sites.  The small business environmental improvement revolving 
121.30  loan program replaces the small business environmental loan 
121.31  program in Minnesota Statutes 1996, section 116.991, and the 
121.32  hazardous waste generator loan program in Minnesota Statutes 
121.33  1996, section 115B.223. 
121.34     Subd. 2.  [ELIGIBLE BORROWER.] To be eligible for a loan 
121.35  under this section, a borrower must: 
121.36     (1) be a small business corporation, sole proprietorship, 
122.1   partnership, or association; 
122.2      (2) be a potential emitter of pollutants to the air, 
122.3   ground, or water; 
122.4      (3) need capital for equipment purchases that will meet or 
122.5   exceed environmental regulations or need capital for site 
122.6   investigation and cleanup; 
122.7      (4) have less than 50 full-time employees; 
122.8      (5) have an after tax profit of less than $500,000; and 
122.9      (6) have a net worth of less than $1,000,000. 
122.10     Subd. 3.  [LOAN APPLICATION AND AWARD PROCEDURE.] The 
122.11  commissioner of the pollution control agency may give priority 
122.12  to applicants that include, but are not limited to, those 
122.13  subject to Clean Air Act standards adopted under United States 
122.14  Code, title 42, section 7412, those undergoing site 
122.15  investigation and remediation, those involved with facility wide 
122.16  environmental compliance and pollution prevention projects, and 
122.17  those determined by the commissioner to be small business 
122.18  outreach priorities.  The commissioner shall decide whether to 
122.19  award a loan to an eligible borrower based on: 
122.20     (1) the applicant's financial need; 
122.21     (2) the applicant's ability to secure and repay the loan; 
122.22  and 
122.23     (3) the expected environmental benefit. 
122.24     Subd. 4.  [SCREENING COMMITTEE.] The commissioner shall 
122.25  appoint a screening committee to evaluate applications and 
122.26  determine loan awards.  The committee shall have diverse 
122.27  expertise in air quality, water quality, solid and hazardous 
122.28  waste management, site response and cleanup, pollution 
122.29  prevention, and financial analysis. 
122.30     Subd. 5.  [LIMITATION ON LOAN OBLIGATION.] Numbers of 
122.31  applications accepted, evaluated, and awarded are based upon the 
122.32  available money in the small business environmental improvement 
122.33  loan account. 
122.34     Subd. 6.  [LOAN CONDITIONS.] A loan made under this section 
122.35  must include: 
122.36     (1) an interest rate that is four percent or one-half the 
123.1   prime rate, whichever is greater; 
123.2      (2) a term of payment of not more than seven years; and 
123.3      (3) an amount not less than $1,000 or exceeding $50,000. 
123.4      Sec. 112.  [116.994] [SMALL BUSINESS ENVIRONMENTAL 
123.5   IMPROVEMENT LOAN ACCOUNT.] 
123.6      The small business environmental improvement loan account 
123.7   is established in the environmental fund.  Repayments of loans 
123.8   made under section 116.993 must be credited to this account.  
123.9   This account replaces the small business environmental loan 
123.10  account in Minnesota Statutes 1996, section 116.992, and the 
123.11  hazardous waste generator loan account in Minnesota Statutes 
123.12  1996, section 115B.224.  The account balances and pending 
123.13  repayments from the small business environmental loan account 
123.14  and the hazardous waste generator account will be credited to 
123.15  this new account.  Money in the account is appropriated to the 
123.16  commissioner for loans under this section. 
123.17     Sec. 113.  Minnesota Statutes 1996, section 116C.834, 
123.18  subdivision 2, is amended to read: 
123.19     Subd. 2.  [COLLECTION AND DEPOSIT.] Fees assessed under 
123.20  subdivision 1 shall be collected by the commissioner of 
123.21  revenue.  All money received pursuant to this subdivision shall 
123.22  be deposited in the special revenue environmental fund. 
123.23     Sec. 114.  Minnesota Statutes 1996, section 116O.09, 
123.24  subdivision 2, is amended to read: 
123.25     Subd. 2.  [DUTIES.] (a) In addition to the duties and 
123.26  powers assigned to the institutes in section 116O.08, the 
123.27  agricultural utilization research institute shall: 
123.28     (1) identify the various market segments characterized by 
123.29  Minnesota's agricultural industry, address each segment's 
123.30  individual needs, and identify development opportunities in each 
123.31  segment; 
123.32     (2) develop and implement a utilization program for each 
123.33  segment that addresses its development needs and identifies 
123.34  techniques to meet those needs; 
123.35     (3) coordinate research among the public and private 
123.36  organizations and individuals specifically addressing procedures 
124.1   to transfer new technology to businesses, farmers, and 
124.2   individuals; and 
124.3      (4) provide research grants to public and private 
124.4   educational institutions and other organizations that are 
124.5   undertaking basic and applied research that would promote the 
124.6   development of the various agricultural industries; and 
124.7      (5) provide financial assistance including, but not limited 
124.8   to:  (i) direct loans, guarantees, interest subsidy payments, 
124.9   and equity investments; and (ii) participation in loan 
124.10  participations.  The board of directors shall establish the 
124.11  terms and conditions of the financial assistance. 
124.12     (b) The agricultural utilization research institute board 
124.13  of directors, with the concurrence of the advisory board, shall 
124.14  have the sole approval authority for establishing agricultural 
124.15  utilization research priorities, requests for proposals to meet 
124.16  those priorities, awarding of grants, hiring and direction of 
124.17  personnel, and other expenditures of funds consistent with the 
124.18  adopted and approved mission and goals of the agricultural 
124.19  utilization research institute.  The actions and expenditures of 
124.20  the agricultural utilization research institute are subject to 
124.21  audit and regular annual report to the legislature in general 
124.22  and specifically the house of representatives agriculture 
124.23  committee, the senate agriculture and rural development 
124.24  committee, the house of representatives appropriations 
124.25  environment and natural resources finance committee, and the 
124.26  senate finance committee environment and agriculture budget 
124.27  division. 
124.28     Sec. 115.  Minnesota Statutes 1996, section 116O.09, 
124.29  subdivision 5, is amended to read: 
124.30     Subd. 5.  [ADVISORY BOARD.] A 26-member advisory board 
124.31  is may be established to identify priorities for the 
124.32  agricultural utilization research institute.  Members of the 
124.33  advisory board are appointed by the board.  The advisory board 
124.34  consists of:  the chair of the Minnesota house of 
124.35  representatives agricultural committee; the chair of the 
124.36  Minnesota senate agricultural committee; a representative from 
125.1   each of the ten largest agricultural-related businesses in the 
125.2   state as determined by the corporation; a member from each of 
125.3   the appropriate trade organizations representing producers of 
125.4   beef cattle, dairy, corn, soybeans, pork, wheat, turkey, barley, 
125.5   wild rice, edible beans, eggs, and potatoes; a member of the 
125.6   Farmers's Union; and a member of the Farm Bureau.  Terms and 
125.7   removal of members must be set by the board and members of the 
125.8   advisory board serve without compensation but shall receive 
125.9   their necessary and actual expenses. 
125.10     The advisory board shall annually provide a list of 
125.11  priorities and suggested research and marketing studies that 
125.12  should be performed by the agricultural utilization research 
125.13  institute. 
125.14     Sec. 116.  Minnesota Statutes 1996, section 116O.09, 
125.15  subdivision 9, is amended to read: 
125.16     Subd. 9.  [MEETINGS.] The board of directors shall meet at 
125.17  least twice each year and may hold additional meetings upon 
125.18  giving notice in accordance with the bylaws of the institute.  
125.19  Board meetings are subject to section 471.705, except 
125.20  subdivision 1b as it pertains to proprietary information.  The 
125.21  board may close any portion of a meeting during which 
125.22  proprietary information is to be discussed. 
125.23     Sec. 117.  Minnesota Statutes 1996, section 216B.2423, is 
125.24  amended by adding a subdivision to read: 
125.25     Subd. 3.  [STANDARD CONTRACTS FOR WIND ENERGY CONVERSION 
125.26  SYSTEMS.] The public utilities commission shall require a public 
125.27  utility subject to subdivision 1 to develop and file in a form 
125.28  acceptable to the commission by October 1, 1997, a standard form 
125.29  contract for the purchase of electricity from wind conversion 
125.30  systems with installed capacity of two megawatts and less.  For 
125.31  purposes of applying the two megawatts limit, the installed 
125.32  capacity sold to the public utility from a single seller or 
125.33  affiliated group of sellers shall be cumulated.  The standard 
125.34  contract shall include all the terms and conditions for 
125.35  purchasing wind-generated power by the utility, except for price 
125.36  and any other specific terms necessary to ensure system 
126.1   reliability and safety, which shall be separately negotiable. 
126.2      Sec. 118.  Minnesota Statutes 1996, section 216C.41, 
126.3   subdivision 1, is amended to read: 
126.4      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
126.5   subdivision apply to this section: 
126.6      (b) "Qualified hydroelectric facility" means a 
126.7   hydroelectric generating facility in this state that: 
126.8      (1) is located at the site of a dam, if the dam was in 
126.9   existence as of March 31, 1994; and 
126.10     (2) begins generating electricity after July 1, 1994. 
126.11     (c) "Qualified wind energy conversion facility" means a 
126.12  wind energy conversion system that: 
126.13     (1) is located within one county and owned by a natural 
126.14  person who owns the land where the facility is sited, or is a 
126.15  farm-generated wind energy production facility qualifying under 
126.16  section 41B.046, subdivision 1; 
126.17     (2) produces two megawatts or less of electricity as 
126.18  measured by nameplate rating; and 
126.19     (3) begins generating electricity after June 30, 1997, and 
126.20  before July 1, 1999; or 
126.21     (2) begins generating electricity after June 30, 1999, 
126.22  produces two megawatts or less of electricity as measured by 
126.23  nameplate rating, and is: 
126.24     (i) located within one county and owned by a natural person 
126.25  who owns the land where the facility is sited; 
126.26     (ii) owned by a Minnesota small business as defined in 
126.27  section 645.445; 
126.28     (iii) owned by a nonprofit organization; or 
126.29     (iv) owned by a tribal council if the facility is located 
126.30  within the boundaries of the reservation. 
126.31     Sec. 119.  Minnesota Statutes 1996, section 223.17, 
126.32  subdivision 3, is amended to read: 
126.33     Subd. 3.  [GRAIN BUYERS AND STORAGE FUND; FEES.] The 
126.34  commissioner shall set the fees for inspections under sections 
126.35  223.15 to 223.22 at levels necessary to pay the expenses of 
126.36  administering and enforcing sections 223.15 to 223.22.  These 
127.1   fees may be adjusted pursuant to the provisions of section 
127.2   16A.1285.  
127.3      The fee for any license issued or renewed prior to June 30, 
127.4   1984, is $100.  The fee for any license issued or renewed after 
127.5   June 30, 1984 1997, shall be set according to the following 
127.6   schedule: 
127.7      (a) $100 plus $50 for each additional location for grain 
127.8   buyers whose gross annual purchases are less than 
127.9   $1,500,000 $100,000; 
127.10     (b) $200 plus $50 for each additional location for grain 
127.11  buyers whose gross annual purchases are at least 
127.12  $1,500,000 $100,000, but not more than $3,000,000 $750,000; 
127.13  and 
127.14     (c) $300 plus $50 $100 for each additional location for 
127.15  grain buyers whose gross annual purchases are more than 
127.16  $3,000,000. $750,000 but not more than $1,500,000; 
127.17     (d) $400 plus $100 for each additional location for grain 
127.18  buyers whose gross annual purchases are more than $1,500,000 but 
127.19  not more than $3,000,000; and 
127.20     (e) $500 plus $100 for each additional location for grain 
127.21  buyers whose gross annual purchases are more than $3,000,000.  
127.22     There is created in the state treasury the grain buyers and 
127.23  storage fund.  Money collected pursuant to sections 223.15 to 
127.24  223.19 shall be paid into the state treasury and credited to the 
127.25  grain buyers and storage fund and is appropriated to the 
127.26  commissioner for the administration and enforcement of sections 
127.27  223.15 to 223.22. 
127.28     Sec. 120.  Minnesota Statutes 1996, section 236.02, 
127.29  subdivision 1, is amended to read: 
127.30     Subdivision 1.  [LICENSING REQUIREMENT.] A person who (1) 
127.31  operates an establishment that processes grain into feed and (2) 
127.32  is licensed to buy grain as a public or private local grain 
127.33  warehouse operator under section 232.22 223.17 may obtain a 
127.34  license to operate a grain bank.  A person licensed under 
127.35  section 232.22 to operate a public grain warehouse is not 
127.36  required to obtain a separate grain bank license.  No person may 
128.1   conduct a grain bank without a grain bank license or a public 
128.2   grain warehouse operator's license. 
128.3      Sec. 121.  Minnesota Statutes 1996, section 236.02, 
128.4   subdivision 2, is amended to read: 
128.5      Subd. 2.  [ISSUANCE.] A grain bank license must be obtained 
128.6   from the department.  The department may issue a grain bank 
128.7   license when the applicant has complied with the bond 
128.8   requirements of sections 236.01 to 236.09.  A grain bank license 
128.9   is required in addition to a license to buy grain as a public or 
128.10  private local grain warehouse operator and permits the licensee 
128.11  to conduct a grain bank in accordance with sections 236.01 to 
128.12  236.09. 
128.13     Sec. 122.  Minnesota Statutes 1996, section 300.11, is 
128.14  amended by adding a subdivision to read: 
128.15     Subd. 5.  [WATER QUALITY UTILITIES.] Notwithstanding any 
128.16  contrary provision in subdivision 1, the term "public utility" 
128.17  also means a person, corporation, cooperative, or other legal 
128.18  entity, their lessees, trustees, and receivers who are 
128.19  operating, maintaining, or controlling equipment or facilities 
128.20  to provide water quality treatment and management services, as 
128.21  defined by section 115.58, subdivision 1, paragraph (e).  
128.22  "Public utility" does not include a municipality that owns or 
128.23  operates equipment or facilities for treating wastewater, 
128.24  furnishing potable water or water for geothermal heating and 
128.25  cooling, managing storm water runoff or drainage, or reducing or 
128.26  eliminating water pollution. 
128.27     Sec. 123.  Minnesota Statutes 1996, section 308A.101, is 
128.28  amended by adding a subdivision to read: 
128.29     Subd. 3.  [WATER QUALITY COOPERATIVE PURPOSE.] A water 
128.30  quality cooperative may only be formed by a cooperative engaged 
128.31  in furnishing potable water or water quality treatment and 
128.32  management services, as defined in section 115.58, subdivision 
128.33  1, paragraph (e), for the purpose of financing or refinancing 
128.34  the construction, improvement, expansion, acquisition, 
128.35  operation, and maintenance of treatment works, sewage systems, 
128.36  storm sewer facilities, water pipelines, and related facilities 
129.1   of its members. 
129.2      Sec. 124.  Minnesota Statutes 1996, section 308A.201, is 
129.3   amended by adding a subdivision to read: 
129.4      Subd. 15.  [WATER QUALITY COOPERATIVE CONDEMNATION 
129.5   POWER.] A water quality cooperative organized in this state may 
129.6   exercise the power of eminent domain in the manner provided by 
129.7   state law for the exercise of the power by corporations engaged 
129.8   in the provision of electric, light, heat, power, or telephone 
129.9   service. 
129.10     Sec. 125.  Minnesota Statutes 1996, section 347.33, 
129.11  subdivision 3, is amended to read: 
129.12     Subd. 3.  [FEES; ISSUANCE OF LICENSE.] The annual license 
129.13  fee is $15 $30 for each kennel and $100 for each dealer licensed 
129.14  plus $75 for each inspection by the board of animal health.  
129.15  Routine inspection fees will be due at time of licensing for the 
129.16  coming year.  Complaint inspection fees will be due at the time 
129.17  of the inspection.  All license and inspection fees collected by 
129.18  the board shall be deposited in the state treasury and credited 
129.19  to the general fund. 
129.20     When application is made to the board, complete in the 
129.21  manner set forth by rule to be issued by the board, and upon 
129.22  payment of the license fee, the license shall be issued by the 
129.23  board if, after inspection of the premises, the board determines 
129.24  that the kennel or dealer complies with sections 347.31 to 
129.25  347.40 and the rules promulgated pursuant to those sections. 
129.26     Sec. 126.  Minnesota Statutes 1996, section 394.25, 
129.27  subdivision 2, is amended to read: 
129.28     Subd. 2.  [DISTRICTS SET BY ZONING ORDINANCES.] Zoning 
129.29  ordinances establishing districts within which the use of land 
129.30  or the use of water or the surface of water pursuant to section 
129.31  86B.205 for agriculture, forestry, recreation, residence, 
129.32  industry, trade, soil conservation, water supply conservation, 
129.33  surface water drainage and removal, conservation of shorelands, 
129.34  as defined in sections 103F.201 to 103F.221, and additional uses 
129.35  of land and of the surface of water pursuant to section 86B.205, 
129.36  may be by official controls encouraged, regulated, or prohibited 
130.1   and for such purpose the board may divide the county into 
130.2   districts of such number, shape, and area as may be deemed best 
130.3   suited to carry out the comprehensive plan.  Official controls 
130.4   may also be applied to wetlands preservation, open space, parks, 
130.5   sewage disposal, protection of groundwater, protection of 
130.6   floodplains as defined in section 103F.111, protection of wild, 
130.7   scenic, or recreational rivers as defined in sections 103F.311 
130.8   and 103F.315, protection of slope, soils, unconsolidated 
130.9   materials or bedrock from potentially damaging development, 
130.10  preservation of forests, woodlands and essential wildlife 
130.11  habitat, reclamation of nonmetallic mining lands; protection and 
130.12  encouragement of access to direct sunlight for solar energy 
130.13  systems as defined in section 216C.06, subdivision 8; and the 
130.14  preservation of agricultural lands.  Official controls may 
130.15  include provisions for purchase of development rights by the 
130.16  board in the form of conservation easements under chapter 84C in 
130.17  areas where preservation is considered by the board to be 
130.18  desirable, and the transfer of development rights from those 
130.19  areas to areas the board considers more desirable for 
130.20  development. 
130.21     Sec. 127.  Minnesota Statutes 1996, section 394.25, is 
130.22  amended by adding a subdivision to read: 
130.23     Subd. 3b.  [FEEDLOT ZONING ORDINANCES.] (a) A county 
130.24  proposing to adopt a new feedlot ordinance or amend an existing 
130.25  feedlot ordinance must notify the pollution control agency and 
130.26  commissioner of agriculture at the beginning of the process to 
130.27  actively participate in the development of the new feedlot 
130.28  ordinance or amendment to an existing ordinance. 
130.29     (b) Prior to final approval of a feedlot ordinance, a 
130.30  county board may submit a copy of the proposed ordinance to the 
130.31  pollution control agency and to the commissioner of agriculture 
130.32  and request review and comment on the environmental and 
130.33  agricultural effects from specific provisions in the ordinance.  
130.34     (c) If requested under paragraph (b) or if the pollution 
130.35  control agency or the commissioner of agriculture determines 
130.36  that it is appropriate, the agency or the commissioner may 
131.1   provide a feedlot ordinance advisory report to the county 
131.2   board.  The advisory report may include: 
131.3      (1) any recommendations for improvements in the ordinance; 
131.4   and 
131.5      (2) the legal, social, economic, or scientific 
131.6   justification for each recommendation under clause (1). 
131.7      (d) A local ordinance that contains a setback for new 
131.8   feedlots from existing residences must also provide for a new 
131.9   residence setback from existing feedlots located in areas zoned 
131.10  agricultural at the same distances and conditions specified in 
131.11  the setback for new feedlots, unless the new residence is built 
131.12  to replace an existing residence.  A county may grant a variance 
131.13  from this requirement under section 394.27, subdivision 7. 
131.14     Sec. 128.  Minnesota Statutes 1996, section 446A.02, 
131.15  subdivision 6, is amended to read: 
131.16     Subd. 6.  [PROJECT.] "Project" means the acquisition, 
131.17  construction, improvement, expansion, repair, or rehabilitation 
131.18  of all or part of any structure, facility, or equipment 
131.19  necessary for a wastewater treatment system or, water supply 
131.20  system, or alternative discharging sewage system that is part of 
131.21  a permit issued under section 115.58, subdivision 1, paragraph 
131.22  (c). 
131.23     Sec. 129.  Minnesota Statutes 1996, section 462.357, 
131.24  subdivision 1, is amended to read: 
131.25     Subdivision 1.  [AUTHORITY FOR ZONING.] For the purpose of 
131.26  promoting the public health, safety, morals, and general 
131.27  welfare, a municipality may by ordinance regulate on the earth's 
131.28  surface, in the air space above the surface, and in subsurface 
131.29  areas, the location, height, width, bulk, type of foundation, 
131.30  number of stories, size of buildings and other structures, the 
131.31  percentage of lot which may be occupied, the size of yards and 
131.32  other open spaces, the density and distribution of population, 
131.33  the uses of buildings and structures for trade, industry, 
131.34  residence, recreation, public activities, or other purposes, and 
131.35  the uses of land for trade, industry, residence, recreation, 
131.36  agriculture, forestry, soil conservation, water supply 
132.1   conservation, conservation of shorelands, as defined in sections 
132.2   103F.201 to 103F.221, access to direct sunlight for solar energy 
132.3   systems as defined in section 216C.06, flood control or other 
132.4   purposes, and may establish standards and procedures regulating 
132.5   such uses.  To accomplish these purposes, official controls may 
132.6   include provision for purchase of development rights by the 
132.7   governing body in the form of conservation easements under 
132.8   chapter 84C in areas where the governing body considers 
132.9   preservation desirable and the transfer of development rights 
132.10  from those areas to areas the governing body considers more 
132.11  appropriate for development.  No regulation may prohibit earth 
132.12  sheltered construction as defined in section 216C.06, 
132.13  subdivision 2, relocated residential buildings, or manufactured 
132.14  homes built in conformance with sections 327.31 to 327.35 that 
132.15  comply with all other zoning ordinances promulgated pursuant to 
132.16  this section.  The regulations may divide the surface, above 
132.17  surface, and subsurface areas of the municipality into districts 
132.18  or zones of suitable numbers, shape, and area.  The regulations 
132.19  shall be uniform for each class or kind of buildings, 
132.20  structures, or land and for each class or kind of use throughout 
132.21  such district, but the regulations in one district may differ 
132.22  from those in other districts.  The ordinance embodying these 
132.23  regulations shall be known as the zoning ordinance and shall 
132.24  consist of text and maps.  A city may by ordinance extend the 
132.25  application of its zoning regulations to unincorporated 
132.26  territory located within two miles of its limits in any 
132.27  direction, but not in a county or town which has adopted zoning 
132.28  regulations; provided that where two or more noncontiguous 
132.29  municipalities have boundaries less than four miles apart, each 
132.30  is authorized to control the zoning of land on its side of a 
132.31  line equidistant between the two noncontiguous municipalities 
132.32  unless a town or county in the affected area has adopted zoning 
132.33  regulations.  Any city may thereafter enforce such regulations 
132.34  in the area to the same extent as if such property were situated 
132.35  within its corporate limits, until the county or town board 
132.36  adopts a comprehensive zoning regulation which includes the area.
133.1      Sec. 130.  Minnesota Statutes 1996, section 477A.12, is 
133.2   amended to read: 
133.3      477A.12 [ANNUAL APPROPRIATIONS; LANDS ELIGIBLE; 
133.4   CERTIFICATION OF ACREAGE.] 
133.5      (a) There is annually appropriated to the commissioner of 
133.6   natural resources from the general fund for payment to counties 
133.7   within the state an amount equal to: 
133.8      (1) for acquired natural resources land, $3 multiplied by 
133.9   the total number of acres of acquired natural resources land or, 
133.10  beginning July 1, 1996, at the county's option three-fourths of 
133.11  one 0.85 percent of the appraised value of all acquired natural 
133.12  resources land in the county, whichever is greater; 
133.13     (2) 75 85 cents multiplied by the number of acres of 
133.14  county-administered other natural resources land; and 
133.15     (3) 37.5 42.5 cents multiplied by the number of acres of 
133.16  commissioner-administered other natural resources land located 
133.17  in each county as of July 1 of each year. 
133.18     (b) Lands for which payments in lieu are made pursuant to 
133.19  section 97A.061, subdivision 3, and Laws 1973, chapter 567, 
133.20  shall not be eligible for payments under this section.  Each 
133.21  county auditor shall certify to the department of natural 
133.22  resources during July of each year the number of acres of 
133.23  county-administered other natural resources land within the 
133.24  county.  The department of natural resources may, in addition to 
133.25  the certification of acreage, require descriptive lists of land 
133.26  so certified.  The commissioner of natural resources shall 
133.27  determine and certify the number of acres of acquired natural 
133.28  resources land and commissioner-administered natural resources 
133.29  land within each county. 
133.30     (c) For the purposes of this section, the appraised value 
133.31  of acquired natural resources land is the purchase price for the 
133.32  first five years after acquisition.  The appraised value of 
133.33  acquired natural resources land received as a donation is the 
133.34  value determined for the commissioner of natural resources by a 
133.35  licensed appraiser, or the county assessor's estimated market 
133.36  value if no appraisal is done.  The appraised value must be 
134.1   determined by the county assessor every five years after the 
134.2   land is acquired. 
134.3      Sec. 131.  Minnesota Statutes 1996, section 477A.14, is 
134.4   amended to read: 
134.5      477A.14 [USE OF FUNDS.] 
134.6      Forty percent of the total payment to the county shall be 
134.7   deposited in the county general revenue fund to be used to 
134.8   provide property tax levy reduction.  The remainder shall be 
134.9   distributed by the county in the following priority:  
134.10     (a) 37.5 42.5 cents for each acre of county-administered 
134.11  other natural resources land shall be deposited in a resource 
134.12  development fund to be created within the county treasury for 
134.13  use in resource development, forest management, game and fish 
134.14  habitat improvement, and recreational development and 
134.15  maintenance of county-administered other natural resources 
134.16  land.  Any county receiving less than $5,000 annually for the 
134.17  resource development fund may elect to deposit that amount in 
134.18  the county general revenue fund; 
134.19     (b) From the funds remaining, within 30 days of receipt of 
134.20  the payment to the county, the county treasurer shall pay each 
134.21  organized township 30 cents per acre of acquired natural 
134.22  resources land and 7.5 cents per acre of other natural resources 
134.23  land located within its boundaries.  Payments for natural 
134.24  resources lands not located in an organized township shall be 
134.25  deposited in the county general revenue fund.  Payments to 
134.26  counties and townships pursuant to this paragraph shall be used 
134.27  to provide property tax levy reduction.  Provided that, if the 
134.28  total payment to the county pursuant to section 477A.12 is not 
134.29  sufficient to fully fund the distribution provided for in this 
134.30  clause, the amount available shall be distributed to each 
134.31  township and the county general revenue fund on a pro rata 
134.32  basis; and 
134.33     (c) Any remaining funds shall be deposited in the county 
134.34  general revenue fund.  Provided that, if the distribution to the 
134.35  county general revenue fund exceeds $35,000, the excess shall be 
134.36  used to provide property tax levy reduction. 
135.1      Sec. 132.  Laws 1995, chapter 220, section 19, subdivision 
135.2   4, as amended by Laws 1996, chapter 407, section 50, is amended 
135.3   to read: 
135.4   Subd. 4.  Parks and Trails 
135.5   (a) METROPOLITAN REGIONAL 
135.6   PARK SYSTEM                            3,950,000
135.7   This appropriation is from the trust 
135.8   fund for payment by the commissioner of 
135.9   natural resources to the metropolitan 
135.10  council for subgrants to rehabilitate, 
135.11  develop, acquire, and retrofit the 
135.12  metropolitan regional park system 
135.13  consistent with the metropolitan 
135.14  council regional recreation open space 
135.15  capital improvement program and 
135.16  subgrants for regional trails, 
135.17  consistent with an updated regional 
135.18  trail plan.  $1,666,000 of this 
135.19  appropriation is from the trust fund 
135.20  acceleration. 
135.21  This appropriation may be used for the 
135.22  purchase of homes only if the purchases 
135.23  are expressly included in the work 
135.24  program approved by the legislative 
135.25  commission on Minnesota resources. 
135.26  This project must be completed and 
135.27  final products delivered by December 
135.28  31, 1997, and the appropriation is 
135.29  available until that date. 
135.30  (b) STATE PARK AND RECREATION AREA 
135.31  ACQUISITION, DEVELOPMENT, BETTERMENT, 
135.32  AND REHABILITATION                     3,150,000
135.33  This appropriation is from the trust 
135.34  fund to the commissioner of natural 
135.35  resources as follows:  (1) for state 
135.36  park and recreation area acquisition 
135.37  $1,070,000, of which up to $670,000 may 
135.38  be used for state trail acquisition of 
135.39  a critical nature; (2) for state park 
135.40  and recreation area development 
135.41  $680,000; and (3) for betterment and 
135.42  rehabilitation of state parks and 
135.43  recreation areas $1,400,000.  The use 
135.44  of the Minnesota conservation corps is 
135.45  encouraged in the rehabilitation and 
135.46  development. 
135.47  $1,384,000 of this appropriation is 
135.48  from the trust fund acceleration.  The 
135.49  commissioner must submit grant requests 
135.50  for supplemental funding for federal 
135.51  ISTEA money in eligible categories and 
135.52  report the results to the legislative 
135.53  commission on Minnesota resources. 
135.54  This project must be completed and 
135.55  final products delivered by December 
135.56  31, 1997, and the appropriation is 
135.57  available until that date. 
135.58  (c) STATE TRAIL REHABILITATION 
135.59  AND ACQUISITION                          250,000
136.1   This appropriation is from the trust 
136.2   fund to the commissioner of natural 
136.3   resources for state trail plan 
136.4   priorities.  $94,000 of this 
136.5   appropriation is from the trust fund 
136.6   acceleration.  The commissioner must 
136.7   submit grant requests for supplemental 
136.8   funding for federal ISTEA money and 
136.9   report the results to the legislative 
136.10  commission on Minnesota resources. 
136.11  This project must be completed and 
136.12  final products delivered by December 
136.13  31, 1997, and the appropriation is 
136.14  available until that date. 
136.15  (d) WATER ACCESS                         600,000
136.16  This appropriation is from the trust 
136.17  fund to the commissioner of natural 
136.18  resources to accelerate public water 
136.19  access acquisition and development 
136.20  statewide.  Access includes boating 
136.21  access, fishing piers, and shoreline 
136.22  access.  Up to $100,000 of this 
136.23  appropriation may be used for a 
136.24  cooperative project to acquire and 
136.25  develop land, local park facilities, an 
136.26  access trail, and a boat access at the 
136.27  LaRue pit otherwise consistent with the 
136.28  water access program. 
136.29  This project must be completed and 
136.30  final products delivered by December 
136.31  31, 1997, and the appropriation is 
136.32  available until that date. 
136.33  (e) LOCAL GRANTS                       1,800,000
136.34  This appropriation is from the future 
136.35  resources fund to the commissioner of 
136.36  natural resources to provide matching 
136.37  grants, as follows:  (1) $500,000 to 
136.38  local units of government for local 
136.39  park and recreation areas; (2) $500,000 
136.40  to local units of government for 
136.41  natural and scenic areas pursuant to 
136.42  Minnesota Statutes, section 85.019; (3) 
136.43  $400,000 to local units of government 
136.44  for trail linkages between communities, 
136.45  trails, and parks; and (4) $400,000 for 
136.46  a conservation partners program, a 
136.47  statewide pilot to encourage private 
136.48  organizations and local governments to 
136.49  cost share enhancement of fish, 
136.50  wildlife, and native plant habitats; 
136.51  and research and surveys of fish and 
136.52  wildlife, and related education 
136.53  activities.  Conservation partners 
136.54  grants may be up to $10,000 each and 
136.55  must be equally matched.  In addition 
136.56  to the required work program, grants 
136.57  may not be approved until grant 
136.58  proposals to be funded have been 
136.59  submitted to the legislative commission 
136.60  on Minnesota resources and the 
136.61  commission has either made a 
136.62  recommendation or allowed 60 days to 
136.63  pass without making a recommendation.  
136.64  The above appropriations are available 
137.1   half for the metropolitan area as 
137.2   defined in Minnesota Statutes, section 
137.3   473.121, subdivision 2, and half for 
137.4   outside of the metropolitan area.  For 
137.5   the purpose of this paragraph, match 
137.6   includes nonstate contributions either 
137.7   cash or in-kind. 
137.8   This project must be completed and 
137.9   final products delivered by December 
137.10  31, 1997, and the appropriation is 
137.11  available until that date. 
137.12  (f) MINNEAPOLIS PARK AND 
137.13  TRAIL CONNECTIONS                        141,000
137.14  This appropriation is from the future 
137.15  resources fund to the commissioner of 
137.16  transportation for half of the 
137.17  nonfederal match of ISTEA projects for 
137.18  the Minneapolis park and recreation 
137.19  board to develop park and trail 
137.20  connections including:  Minnehaha park 
137.21  to Mendota bridge, Stone Arch bridge to 
137.22  bridge number 9 on West River Parkway, 
137.23  Boom island to St. Anthony Parkway, and 
137.24  West River Parkway to Shingle Creek 
137.25  Parkway.  The Minneapolis park and 
137.26  recreation board must apply for and 
137.27  receive approval of the federal money 
137.28  in order to receive this appropriation. 
137.29  This project must be completed and 
137.30  final products delivered by December 
137.31  31, 1997, and the appropriation is 
137.32  available until that date. 
137.33  (g) LOCAL SHARE FOR ISTEA 
137.34  FEDERAL PROJECTS                         300,000
137.35  This appropriation is from oil 
137.36  overcharge money to the commissioner of 
137.37  administration for half of the 
137.38  nonfederal match of ISTEA projects 
137.39  for:  (1) Chisago county, $150,000 for 
137.40  a trail between North Branch and Forest 
137.41  Lake township; and (2) the St. Louis 
137.42  and Lake counties regional rail 
137.43  authority, $150,000 for the development 
137.44  of approximately 40 miles of a 
137.45  multipurpose recreational trail 
137.46  system.  Chisago county and the St. 
137.47  Louis and Lake counties regional rail 
137.48  authority must apply for and receive 
137.49  approval of the federal money in order 
137.50  to receive these appropriations. 
137.51  The project under clause (1) must be 
137.52  completed and final products delivered 
137.53  by December 31, 1997, and the 
137.54  appropriation is available until that 
137.55  date.  The project under clause (2) 
137.56  must be completed and final products 
137.57  delivered by December 31, 1999, and the 
137.58  appropriation is available until that 
137.59  date. 
137.60  (h) PINE POINT PARK REST STATION         100,000
137.61  This appropriation is from the future 
137.62  resources fund to the commissioner of 
138.1   natural resources for an agreement with 
138.2   Washington county to construct a rest 
138.3   station on the Gateway segment of the 
138.4   Willard Munger state trail in 
138.5   compliance with the Americans with 
138.6   Disabilities Act.  This appropriation 
138.7   must be matched by at least $30,000 of 
138.8   nonstate money. 
138.9   (i) INTERACTIVE MULTIMEDIA COMPUTER 
138.10  INFORMATION SYSTEM                        45,000
138.11  This appropriation is from the future 
138.12  resources fund to the commissioner of 
138.13  trade and economic development, office 
138.14  of tourism, for an agreement with 
138.15  Explore Lake County, Inc. to develop a 
138.16  pilot multimedia interactive computer 
138.17  information system at the R. J. Houle 
138.18  visitor information center. 
138.19  (j) UPPER SIOUX AGENCY STATE PARK        200,000
138.20  This appropriation to the commissioner 
138.21  of natural resources is from the future 
138.22  resources fund for bathroom and shower 
138.23  facilities at Upper Sioux Agency State 
138.24  Park. 
138.25  (k) GRAIN BELT MISSISSIPPI 
138.26  RIVERFRONT DEVELOPMENT                   500,000
138.27  This appropriation is from the future 
138.28  resources fund to the commissioner of 
138.29  natural resources for a contract with 
138.30  the metropolitan council for a subgrant 
138.31  to the Minneapolis park and recreation 
138.32  board, which shall cooperate with the 
138.33  Minneapolis community development 
138.34  agency to create riverfront 
138.35  recreational park and marina facilities 
138.36  through acquisition and development of 
138.37  Mississippi riverfront property.  This 
138.38  appropriation is contingent on this 
138.39  facility being designated part of the 
138.40  metropolitan regional park and open 
138.41  space system.  
138.42  (l) WILDCAT REGIONAL PARK                 40,000
138.43  This appropriation is from the future 
138.44  resources fund to the commissioner of 
138.45  natural resources for an agreement with 
138.46  Houston county to construct an 
138.47  off-channel boat ramp on the 
138.48  Mississippi River, and wingwalls to 
138.49  protect the ramp and existing swimming 
138.50  beach, and amenities for users of the 
138.51  ramp. 
138.52     Sec. 133.  Laws 1995, chapter 220, section 19, subdivision 
138.53  11, is amended to read: 
138.54  Subd. 11.  Energy 
138.55  (a) INTER-CITY ELECTRIC VEHICLE 
138.56  TRANSPORTATION DEMONSTRATION             150,000 
138.57  This appropriation is from the oil 
138.58  overcharge money to the commissioner of 
139.1   administration for an agreement with 
139.2   Minnesota Power and Light Company to 
139.3   develop and evaluate an electric 
139.4   vehicle infrastructure with charging 
139.5   stations for use between Duluth and St. 
139.6   Paul, including installation of a 
139.7   charging station at the state of 
139.8   Minnesota central motor pool location.  
139.9   This appropriation must be matched by 
139.10  at least $30,000 of nonstate money.  
139.11  (b) SUSTAINABLE DEVELOPMENT OF WIND 
139.12  ENERGY ON FAMILY FARMS                   200,000 
139.13  This appropriation is from the oil 
139.14  overcharge money to the commissioner of 
139.15  administration for an agreement with 
139.16  the sustainable resources center to 
139.17  provide technical assistance and 
139.18  technology transfer for the development 
139.19  of wind energy harvesting. 
139.20  (c) (b) ONE-MEGAWATT HYBRID ELECTRICAL 
139.21  GENERATION SIMULATION PROJECT             50,000 
139.22  This appropriation is from the oil 
139.23  overcharge money to the commissioner of 
139.24  administration for an agreement with 
139.25  Dan Mar & Associates in cooperation 
139.26  with the agriculture utilization 
139.27  research institute for a simulation 
139.28  project using biofuel electrical 
139.29  generation to firm up wind power to 
139.30  provide electrical energy on demand. 
139.31  (d) (c) AVIAN POPULATION ANALYSIS FOR WIND 
139.32  POWER GENERATION REGIONS                  75,000 
139.33  This appropriation is from the oil 
139.34  overcharge money to the commissioner of 
139.35  administration for an agreement with 
139.36  American Wind Energy Association to 
139.37  identify and assess significant avian 
139.38  activity areas within identified wind 
139.39  farm corridors in Minnesota.  This 
139.40  appropriation must be matched by at 
139.41  least $75,000 of nonstate money. 
139.42  This project must be completed and 
139.43  final products delivered by December 
139.44  31, 1997, and the appropriation is 
139.45  available until that date. 
139.46  (e) (d) ENERGY IMPROVEMENTS IN PUBLIC 
139.47  ICE ARENAS                               470,000 
139.48  This appropriation is from the oil 
139.49  overcharge money to the commissioner of 
139.50  administration for an agreement with 
139.51  the Center for Energy and Environment 
139.52  to assess, install, and evaluate energy 
139.53  and indoor air quality improvements in 
139.54  at least 25 publicly owned ice arenas 
139.55  located throughout Minnesota.  Projects 
139.56  receiving funding from this 
139.57  appropriation must be in compliance 
139.58  with the indoor ice facilities prime 
139.59  ice time and gender preference 
139.60  requirements in Minnesota Statutes, 
139.61  section 15.98.  This appropriation is 
139.62  for up to 50 percent of the cost of 
140.1   retrofit activities. 
140.2      Sec. 134.  Laws 1996, chapter 463, section 7, subdivision 
140.3   24, is amended to read: 
140.4   Subd. 24.  McQuade Public Access                        500,000
140.5   For acquisition and development of a 
140.6   public access on Lake Superior in the 
140.7   city of Duluth, the town of Duluth, and 
140.8   the town of Lakewood.  This 
140.9   appropriation must be matched by a 
140.10  total of $350,000 from $200,000 of this 
140.11  appropriation is available without 
140.12  match and the remaining $300,000 is 
140.13  available to the extent matched by the 
140.14  iron range resources and rehabilitation 
140.15  board and nonstate sources and is 
140.16  contingent on sufficient land owned by 
140.17  the cities and the town, the value of 
140.18  which may not be applied as part of the 
140.19  required match, being made available to 
140.20  complete the project. 
140.21     Sec. 135.  [REPORT ON WASTE MANAGEMENT ACT REVIEW; PRODUCT 
140.22  LABELING.] 
140.23     By January 20, 1998, the office of environmental assistance 
140.24  shall report to the senate and house environment and natural 
140.25  resources committees on its comprehensive review of the Waste 
140.26  Management Act and make recommendations for any changes in the 
140.27  law.  The report shall address options to improve waste 
140.28  reduction and recycling programs and the integrated waste 
140.29  management system, including whether additional product labeling 
140.30  should be required for products sold in Minnesota which require 
140.31  special disposal practices.  The report must discuss the extent 
140.32  to which current authority under Minnesota Statutes, sections 
140.33  115A.952 and 115A.956, can accomplish the objectives of 
140.34  Minnesota Statutes 1996, section 115A.9523. 
140.35     Sec. 136.  [AGRICULTURAL IMPROVEMENTS; WIND ENERGY 
140.36  CONVERSION FACILITY PILOT PROGRAM.] 
140.37     Subdivision 1.  [LOANS AUTHORIZED.] The Minnesota rural 
140.38  finance authority shall establish a pilot program to participate 
140.39  in loans to an eligible borrower through the agricultural 
140.40  improvement loan program under Minnesota Statutes, section 
140.41  41B.043, for wind energy conversion facilities.  Except as 
140.42  specifically provided in subdivision 2, all loans made under 
140.43  this section must comply with Minnesota Statutes, chapter 41B. 
141.1      Subd. 2.  [LOAN PARTICIPATION; REPAYMENT; LIFETIME LIMIT 
141.2   EXCLUSION.] Participation by the authority under this section is 
141.3   limited to a total of $3,000,000.  The authority is limited on a 
141.4   particular loan to 45 percent of the principal amount or 
141.5   $500,000, whichever is less.  A loan must have a term of no more 
141.6   than 20 years.  Loans under this section must not be included in 
141.7   the lifetime limitation calculated under Minnesota Statutes, 
141.8   section 41B.03, subdivision 1.  A loan origination fee of up to 
141.9   one-half percent may be charged by the authority. 
141.10     Subd. 3.  [REPORT.] By January 15, 1999, the rural finance 
141.11  authority must report to the senate committee on agriculture and 
141.12  rural development, the senate environment and agriculture budget 
141.13  division, the house committee on agriculture, and the house 
141.14  committee on environmental finance on the status of loans made 
141.15  under this pilot program.  The report must include 
141.16  recommendations on whether to make permanent changes to the 
141.17  agricultural improvement loan program that allow for increased 
141.18  participation by the state in wind energy conversion facility 
141.19  loans. 
141.20     Sec. 137.  [PROTECTION OF SCENIC PINE FOREST AREA.] 
141.21     The commissioner of natural resources shall negotiate with 
141.22  the city of Duluth, the Duluth Airport Authority, and other 
141.23  federal, state, and local parties to classify the land subject 
141.24  to the 1939 conveyance to provide a level of protection 
141.25  sufficient to ensure the continued ecological integrity of the 
141.26  area and to prohibit further cutting of the scenic pine forest 
141.27  area. 
141.28     Sec. 138.  [DEER WINTER SURVIVAL WORK GROUP.] 
141.29     The section of wildlife of the department of natural 
141.30  resources, representatives of the Minnesota Deer Hunters 
141.31  Association, and representatives of other groups or individuals 
141.32  interested in deer hunting and deer management in this state 
141.33  shall meet as a work group to develop recommendations on deer 
141.34  feeding and other deer management options to provide for 
141.35  management of deer and deer winter survival in this state. 
141.36     The work group shall develop a plan for deer management in 
142.1   winter that provides recommendations on deer management and 
142.2   feeding needs.  The work group shall examine and make reports on 
142.3   the following: 
142.4      (1) when and where deer feeding may be appropriate; 
142.5      (2) appropriate funding mechanisms, criteria, and delivery 
142.6   systems when feeding is determined to be appropriate; 
142.7      (3) other winter-related deer management needs and 
142.8   practices, such as food plots, wintering area identification and 
142.9   protection, deer yard improvement, browse regeneration, 
142.10  openings, and other deer foraging areas; and 
142.11     (4) needs for improving understanding of deer wintering 
142.12  requirements and management practices.  The work group shall 
142.13  recommend any statutory changes or funding necessary to 
142.14  accomplish those needs. 
142.15     The work group shall operate on a consensus basis and shall 
142.16  report its recommendations back to the house and senate 
142.17  environment and natural resources committees, the house 
142.18  environment and natural resources finance committee, and the 
142.19  senate environment and agriculture budget division by January 
142.20  15, 1998. 
142.21     Sec. 139.  [ELECTRONIC LICENSING; RETRAINING OF AFFECTED 
142.22  STATE EMPLOYEES.] 
142.23     (a) If any employees of the department of natural resources 
142.24  are affected by the implementation of Minnesota Statutes, 
142.25  section 84.027, subdivision 15, the commissioner shall meet and 
142.26  negotiate with the exclusive representatives of the affected 
142.27  employees.  Bargaining under this section must have as its 
142.28  purpose the achievement of the highest possible degree of public 
142.29  service delivery to the citizens of Minnesota and the provision 
142.30  of appropriate incentives to any affected state employees.  
142.31  Incentives may include, but are not limited to, early retirement 
142.32  incentives, negotiated options in place of layoffs, job training 
142.33  and retraining opportunities, and enhanced severance. 
142.34     (b) The commissioner and the representatives of any 
142.35  employees affected by the implementation of Minnesota Statutes, 
142.36  section 84.027, subdivision 15, shall determine the employee 
143.1   training and retraining required for any employees affected by 
143.2   Minnesota Statutes, section 84.027, subdivision 15.  Employees 
143.3   whose job duties are affected by Minnesota Statutes, section 
143.4   84.027, subdivision 15, must be given the opportunity to take 
143.5   part in training or retraining for new job duties.  Employees 
143.6   affected by Minnesota Statutes, section 84.027, subdivision 15, 
143.7   must be trained or retrained for agency positions before new 
143.8   hiring takes place. 
143.9      Sec. 140.  [RELOCATION OF STEAM SERVICE FACILITY.] 
143.10     A person may not construct or reconstruct a University of 
143.11  Minnesota steam service facility in that portion of the 
143.12  Mississippi river critical area that is within the boundaries of 
143.13  the city of Minneapolis.  The city of Minneapolis and the 
143.14  University of Minnesota shall jointly develop and submit a plan 
143.15  to the legislature and to the governor for relocating the 
143.16  University's steam service facility currently located on the 
143.17  Mississippi riverfront.  The city and University shall include a 
143.18  description of the necessary costs that will be incurred, and a 
143.19  request that the state appropriate funds to reimburse the 
143.20  entities for some portion of those costs. 
143.21     Sec. 141.  [SPECIAL EXTENSION OF TIMBER PERMITS.] 
143.22     Timber sale permits issued under Minnesota Statutes, 
143.23  sections 90.101, 90.121, 90.151, and 90.191, that would 
143.24  otherwise expire in 1997 are extended for one year.  Extensions 
143.25  issued under this section shall be without interest, and any 
143.26  timber cut during the period of this extension or remaining 
143.27  uncut at the expiration of this extension shall be billed at the 
143.28  stumpage rates of the original sale.  Extensions granted under 
143.29  Minnesota Statutes, section 90.193, from January 1, 1997, to the 
143.30  effective date of this section, due to a lack of suitable winter 
143.31  logging conditions or suitable economic conditions, shall be 
143.32  granted without interest, and any timber cut during the period 
143.33  of this extension or remaining uncut at the expiration of this 
143.34  extension shall be billed at the stumpage rate of the original 
143.35  sale. 
143.36     Sec. 142.  [SALE OF STATE FOREST LAND.] 
144.1      (a) Notwithstanding Minnesota Statutes, section 89.01, 
144.2   subdivision 5, the commissioner of natural resources may sell 
144.3   school trust and acquired state land in the Richard J. Dorer 
144.4   Memorial Hardwood State Forest described in this section in the 
144.5   manner for sale of trust fund and acquired lands under Minnesota 
144.6   Statutes, chapter 92 or 94. 
144.7      (b) The land that may be sold is described as follows: 
144.8      (1) Township 110 North, Range 12 West, Section 28, the 
144.9   Southeast Quarter of the Southwest Quarter containing 40 acres 
144.10  more or less and the Southwest Quarter of the Southeast Quarter 
144.11  containing 40 acres more or less, in Wabasha County; 
144.12     (2) Township 107 North, Range 8 West, Section 16, the 
144.13  Northeast Quarter of the Southeast Quarter containing 40 acres 
144.14  more or less, the Southwest Quarter of the Southeast Quarter 
144.15  containing 40 acres more or less, in Winona County; 
144.16     (3) Township 106 North, Range 5 West, Section 30, the 
144.17  Southeast Quarter of the Southeast Quarter containing 40 acres 
144.18  more or less, in Winona County; 
144.19     (4) Township 106 North, Range 6 West, Section 36, the 
144.20  Northeast Quarter of the Southeast Quarter containing 40 acres 
144.21  more or less, in Winona County; and 
144.22     (5) Township 104 North, Range 6 West, Section 6, the 
144.23  Southwest Quarter of the Northwest Quarter containing 38.28 
144.24  acres more or less, in Houston County. 
144.25     Sec. 143.  [SALE OF TRUST FUND LAND IN HUBBARD COUNTY.] 
144.26     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
144.27  commissioner of natural resources may sell the state trust fund 
144.28  land bordering on public waters described in paragraph (c) in 
144.29  accordance with the procedures in Minnesota Statutes, chapter 92.
144.30     (b) The conveyance shall be in a form approved by the 
144.31  attorney general. 
144.32     (c) The land that may be sold is located in Hubbard County 
144.33  and is described as:  that part of the Southeast Quarter of the 
144.34  Southeast Quarter of Section 8, Township 144 North, Range 32 
144.35  West, Hubbard County, Minnesota, lying easterly of the Necktie 
144.36  River and northerly of the centerline of county state-aid 
145.1   highway No. 16, containing up to 5 acres, more or less. 
145.2      (d) The sale will result in the elimination of a trespass 
145.3   situation with the adjacent landowner who built a house on the 
145.4   property in 1989. 
145.5      Sec. 144.  [SALE OF STATE LAND IN OTTER TAIL COUNTY.] 
145.6      (a) Notwithstanding the public sale requirements of 
145.7   Minnesota Statutes, sections 94.09 and 94.10, the commissioner 
145.8   of natural resources may sell by private sale, for a 
145.9   consideration not less than its appraised value, the land 
145.10  described in paragraph (c), under the remaining provisions of 
145.11  Minnesota Statutes, chapter 94. 
145.12     (b) The conveyance shall be in a form approved by the 
145.13  attorney general. 
145.14     (c) The land that may be sold is located in Otter Tail 
145.15  County and is described as:  all that part of the Southwest 
145.16  Quarter of the Southeast Quarter of Section 22, Township 137, 
145.17  Range 42, Otter Tail County, Minnesota described as follows:  
145.18  beginning at the South Quarter corner of said Section 22; thence 
145.19  on an assumed bearing of North 0 degrees 31 minutes 36 seconds 
145.20  East along the west line of said Southwest Quarter of the 
145.21  Southeast Quarter, a distance of 442.58 feet; thence South 19 
145.22  degrees 29 minutes 47 seconds East a distance of 108.74 feet; 
145.23  thence southeasterly on a tangential curve, concave to the 
145.24  northeast, having a radius of 498.22 feet and a central angle of 
145.25  69 degrees 43 minutes 29 seconds, for an arc distance of 606.30 
145.26  feet to the easterly line of a tract of land described in Book 
145.27  392 of Deeds, page 509, Office of the Otter Tail County 
145.28  Recorder; thence South 10 degrees 03 minutes 49 seconds West 
145.29  along said easterly line, a distance of 14.18 feet to the 
145.30  southeast corner of said tract of land described in Book 392 of 
145.31  Deeds, page 509; thence North 89 degrees 20 minutes 11 seconds 
145.32  West along the south line of said Section 22, a distance of 
145.33  500.80 feet to the point of beginning, containing 1.44 acres 
145.34  more or less, subject to easements and reservations of public 
145.35  record, if any.  The grantor, for itself, its successors and 
145.36  assigns, reserves an easement for use and maintenance of the 
146.1   existing ditch over and across the above described parcel, being 
146.2   a strip of land 33 feet in width lying 16.5 feet on each side of 
146.3   the centerline of the existing ditch running in a southwesterly 
146.4   direction from the township road to the west line of said 
146.5   Southwest Quarter of the Southeast Quarter. 
146.6      (d) The commissioner has determined that the land is no 
146.7   longer useful for any natural resource purpose, or any other 
146.8   public purpose, and intends to sell this unneeded land to the 
146.9   adjoining landowner to resolve an inadvertent trespass. 
146.10     Sec. 145.  [SALE OF STATE LAND IN CROW WING COUNTY.] 
146.11     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
146.12  commissioner of natural resources may sell acquired state land 
146.13  bordering public waters described in this section in accordance 
146.14  with Minnesota Statutes, section 85.015, subdivision 1, 
146.15  paragraph (b), and chapter 94. 
146.16     (b) The land that may be sold is located in Crow Wing 
146.17  County and is described as follows: 
146.18     (1) Lot 3, Block 5, Plat of Paul Bunyan Trail, Nisswa 
146.19  Addition; and 
146.20     (2) Lot 5, Block 5, Plat of Paul Bunyan Trail, Nisswa 
146.21  Addition. 
146.22     Sec. 146.  [SALE OF SURPLUS LAND FOR RECREATIONAL PURPOSES 
146.23  IN PINE COUNTY.] 
146.24     (a) Notwithstanding Minnesota Statutes, section 92.45, the 
146.25  commissioner of natural resources may sell the land described in 
146.26  paragraph (b) to the city of Willow River in the manner 
146.27  prescribed by Minnesota Statutes, section 84.027, subdivision 
146.28  10.  The conveyance must provide that the land revert to the 
146.29  state of Minnesota should the land cease to be retained and 
146.30  developed as Stanton Lake Park for public use. 
146.31     (b) The land that may be sold is located in Pine county and 
146.32  described as: 
146.33     All that part of the following described tract:  that part 
146.34  of the Northeast Quarter of the Southwest Quarter of Section 2, 
146.35  Township 44 North, Range 20 West, of the Fourth Principal 
146.36  Meridian, situated in Pine County, described as follows:  
147.1   beginning at a point on the east and west one quarter line of 
147.2   Section 2 at the intersection with the easterly right-of-way 
147.3   line of U.S. Highway No. 61; thence in a southerly direction 
147.4   along said easterly right-of-way line of U.S. Highway No. 61 a 
147.5   distance of 695 feet; thence in a northeasterly direction at an 
147.6   angle of 60 degrees with the U.S. Highway No. 61 right-of-way 
147.7   line for a distance of 410 feet to a point on the lake bank; 
147.8   thence in a northeasterly direction at an angle of 153 degrees 
147.9   35 minutes with the preceding line to the intersection with the 
147.10  east and west one quarter line of Section 2, thence in a 
147.11  westerly direction along said east and west one quarter line of 
147.12  Section 2 to point of beginning, containing 5.81 acres, more or 
147.13  less.  
147.14     (c) This property was purchased for development of the 
147.15  Stanton Lake dam.  The state, its agents, and servants shall 
147.16  retain ownership of the dam and retain perpetual access to the 
147.17  dam via the existing road for the purposes of inspection, 
147.18  maintenance, repair, or reconstruction.  The state shall not be 
147.19  held liable to make any immediate repairs on the dam.  Such work 
147.20  shall be based on availability of dam maintenance funds.  The 
147.21  land in this section is not needed for resource management and 
147.22  has been declared surplus.  It best serves the public interest 
147.23  if this property is sold and proceeds used for acquisition of 
147.24  other land. 
147.25     Sec. 147.  [HORSESHOE BAY LEASES.] 
147.26     Subdivision 1.  [DEFINITIONS.] (a) "Lessee" means a lessee 
147.27  of lands leased under Minnesota Statutes, section 92.46, that 
147.28  are located in Section 16, Township 62 North, Range 4 East, Cook 
147.29  county, of record with the commissioner of natural resources as 
147.30  of May 14, 1993. 
147.31     (b) "New lease" means a lease issued after the effective 
147.32  date of this act under the terms and conditions specified in 
147.33  Minnesota Statutes, section 92.46, subdivisions 1, 1a, and 3, 
147.34  except that the lease may be for a life term and is not 
147.35  assignable or transferable and may not be amended to include 
147.36  additional lessees. 
148.1      Subd. 2.  [OPTIONS FOR LESSEES.] (a) If requested in 
148.2   writing by a lessee before January 1, 1998, the commissioner 
148.3   shall, at the lessee's option: 
148.4      (1) pay to the lessee the appraised value of the lessee's 
148.5   improvements on the land and terminate the existing lease as of 
148.6   the date of payment for improvements; or 
148.7      (2) issue a new lease for the life of the lessee that 
148.8   provides that when the lease term expires, the commissioner 
148.9   shall pay to the lessee or a beneficiary that must be designated 
148.10  in writing by the lessee the appraised value of the lessee's 
148.11  improvements on the land.  A lessee who elects this option may 
148.12  elect to terminate the lease at any time during the term of the 
148.13  lease in exchange for payment by the commissioner for the 
148.14  appraised value of the lessee's improvements on the land. 
148.15     (b) If the commissioner has not received written notice of 
148.16  a lessee's election by January 1, 1998, the commissioner may 
148.17  proceed under paragraph (a), clause (1). 
148.18     (c) After the effective date of this section, no lessee 
148.19  under paragraph (a), clause (2), shall construct or 
148.20  substantially renovate a cabin or other structure during the 
148.21  lease. 
148.22     (d) The commissioner may use money appropriated from the 
148.23  land acquisition account under Minnesota Statutes, section 
148.24  94.165, for payments under paragraph (a). 
148.25     (e) Notwithstanding Minnesota Statutes, section 92.46, 
148.26  subdivision 1a, the commissioner may elect whether to amend the 
148.27  leases in paragraph (a) to expand lot size to conform with 
148.28  current shoreline standards. 
148.29     Sec. 148.  [PRIVATE SALE OF STATE LAND IN CLEARWATER 
148.30  COUNTY.] 
148.31     (a) Notwithstanding Minnesota Statutes, sections 92.45; 
148.32  97A.135, subdivision 2a; and 282.01, subdivision 2; and the 
148.33  public sale provisions of Minnesota Statutes, chapter 94, the 
148.34  commissioner of natural resources may sell the land described in 
148.35  paragraph (c) to the adjoining landowner for $1,000. 
148.36     (b) The conveyance must be in a form approved by the 
149.1   attorney general and must provide that: 
149.2      (1) the land may not be sold for commercial use or be 
149.3   developed into more than a two-family residence; and 
149.4      (2) placement or construction of additional buildings or 
149.5   structures on the land, including corrals and animal shelters or 
149.6   pens, is prohibited. 
149.7      (c) The land that may be sold is located in Clearwater 
149.8   county and is described as follows: 
149.9      That part of Government Lot 6, Section 18 Township 143 
149.10  North, Range 37 West, Clearwater County, Minnesota, described as 
149.11  follows: 
149.12     Beginning at the northeast corner of Lot 1 Block 1 of 
149.13  HIGHLAND VIEW, on file and of record in the office of the County 
149.14  Recorder, being a 3/4 x 24 inch rebar with plastic cap stamped 
149.15  MN DNR PROPERTY MONUMENT, (DNR MON), from which the north line 
149.16  of said Lot 1 bears, assumed bearing, North 88 degrees 57 
149.17  minutes 39 seconds West; thence North 80 degrees 50 minutes 33 
149.18  seconds West 275.16 feet to a DNR MON; thence North 85 degrees 
149.19  25 minutes 17 seconds West 93.89 feet to a DNR MON; thence South 
149.20  50 degrees 06 minutes 54 seconds West 68.17 feet to the north 
149.21  line of said Lot 1 and a DNR MON; thence South 88 degrees 57 
149.22  minutes 39 seconds East along the north line of said Lot 1 a 
149.23  distance of 417.62 feet to the point of beginning, containing 
149.24  0.23 acres. 
149.25     (d) The sale authorized by this section would resolve an 
149.26  inadvertent trespass consisting of the encroachment of a private 
149.27  dwelling on state land. 
149.28     (e) The sale authorized by this section is subject to the 
149.29  following additional conditions: 
149.30     (1) the costs of construction and maintenance of a boundary 
149.31  fence are the sole responsibility of the purchaser; and 
149.32     (2) the adjoining landowner shall reimburse the department 
149.33  of natural resources for the cost of surveying the land and for 
149.34  time spent by department staff relating to this land trespass 
149.35  matter. 
149.36     Sec. 149.  [RULES.] 
150.1      The pollution control agency may adopt rules incorporating 
150.2   the amendments to Minnesota Statutes, section 116.07, made in 
150.3   section 108 of this act under the good cause exemption in 
150.4   Minnesota Statutes, section 14.388. 
150.5      Sec. 150.  [REPEALER.] 
150.6      (a) Minnesota Statutes 1996, sections 25.34; 115A.908, 
150.7   subdivision 3; 115A.9523; 115B.223; 115B.224; 116.991; 116.992; 
150.8   and 296.02, subdivision 7a, are repealed. 
150.9      (b) Laws 1995, chapter 220, section 21, is repealed. 
150.10     Sec. 151.  [EFFECTIVE DATE.] 
150.11     Sections 32, 130, and 131 are effective on July 1, 1998.  
150.12  Sections 15, 70, and 141 to 148 are effective the day following 
150.13  final enactment.  
150.14     Section 24 is effective March 1, 1998.